2011 Manitoba Flood Class Proceeding

2011 Manitoba Flood Class Action

UPDATE MARCH 27, 2019

The deadline to file a claim for benefits under the Settlement expired on July 17, 2018.

The Manitoba Court of Queen’s Bench approved a short deficiency period, during which claimants who did not provide all the necessary information or documentation with their claims, have another opportunity to do so.

Deficiency letters setting out exactly what is required by each claimant were mailed on February 13, 2019 by Ricepoint (the Claims Administrator). If you are aware of the deficiencies with your claim (i.e. you failed to provide proof of membership, residency etc.), you should not delay in sending that information along to RicePoint http://www.manitobafloodclassaction.com/

The deadline to provide the missing information or documentation is April 2, 2019. No further extension will be granted.

Disruption Payments will begin to paid out in the Spring of 2019. All decisions and payment amounts are final.

UPDATE APRIL 5, 2018

The Manitoba Court of Queen’s Bench approved the Settlement Agreement for this action in January 2018.  All members of the Pinaymootang (Fairford), Little Saskatchewan, Dauphin River and Lake St. Martin First Nations can apply for compensation.

Claim Forms must be completed and submitted to the Claims Administrator no later than:
July 17, 2018

First Nations Flood Class Action
PO Box 4454, Toronto Station A
25 The Esplanade
Toronto, ON M5W 2B1

The Claim Form and instructions on how to complete it can be found here.

If you have questions about how to complete the Claim Form, you can contact the Claims Administrator, at no charge:

Email: manitobaflood@ricepoint.com
Call toll-free: 1-866-934-0509

Free Claim Workshops are being held in Winnipeg and Gypsumville in April to assist you with completing the Claim Forms and answering any questions about the documents to be submitted with the Claim Forms:

RBC Convention Centre (Winnipeg , MB): 

April 24 at 11 a.m. until 8 p.m.
April 25 at 10 a.m. until 4p.m.

Gypsumville Hall (Gypsumville, MB):   

April 26 at 11 a.m. until 8 p.m.
April 27 at 10 a.m. until 4 p.m.

Settlement Approval Notice:

2011 MANITOBA FLOOD CLASS ACTION SETTLEMENT APPROVAL

To anyone who is a member of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, or Dauphin River First Nations, who lived in Manitoba during the 2011 Flood:

SETTLEMENT

A Settlement Agreement has been reached and approved by the Manitoba Court of Queen’s Bench that settles the litigation involving the severe flooding in Manitoba in 2011 that led to the evacuation of and/or adverse conditions endured by members of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, and Dauphin River First Nations.

While not admitting wrongdoing, the Governments of Manitoba and Canada have agreed to pay $90,283,000.00. This amount includes lawyer (“Class Counsel”) fees and expenses as well as Administration costs.

All members of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, and Dauphin River First Nations resident in Manitoba at the time of the 2011 flood can make claims for Disruption Payments and Special Circumstances compensation:

  • Disruption Payments: For the disruption the Eligible Claimant endured on account of the 2011 Flood, including his/her evacuation, or, if not evacuated, the adverse conditions he/she was subjected to while remaining on reserve. These payments will be determined on a point system that takes into account the length of time an Eligible Claimant was evacuated and/or living under adverse conditions and whether or not the Eligible Claimant was resident on or off one of the Four First Nations reserves.
  • Special Circumstances: Eligible Claimants may also apply for compensation in respect of personal property loss or damage, income loss and/or health care costs or personal injuries relating to the 2011 flooding that have not already been compensated.

Because payments under the Settlement are based on the number of people that come forward to make claims, it is not possible to estimate the amounts Eligible Class Members may receive.

MAKING A CLAIM

In order to make a claim for benefits under the Settlement, Class Members must complete, sign and return a Claim Form to the Claims Administrator, along with any necessary supporting documents, postmarked or deposited by courier or delivered in person (at various “Workshops”) no later than July 17, 2018. If a Class Member does not timely and properly submit a Claim Form, he or she will not be able to participate in or share in the benefits available under the Settlement.

A detailed instruction package on how to obtain, complete and submit a Claim Form is available at www.manitobafloodclassaction.com or by contacting the Claims Administrators using the contact information below.

Email: manitobaflood@ricepoint.com
Call toll-free: 1-866-934-0509

Workshops will be held throughout Manitoba (see below for location, dates and times) by the Claims Administrators to assist Class Members in making claims in the Settlement. There is no cost to Class Members in attending these workshops.

LEGAL FEES

The Manitoba Court of Queen’s Bench will be asked to award legal fees, not to exceed 15% of the total Settlement Amount, plus expenses and applicable taxes. Class Counsel were retained on a contingent basis and were responsible for funding all expenses incurred in pursuing this litigation and approving and overseeing implementation of the Settlement.;

If Class Members choose to retain a lawyer to help them in making individual claims under the Settlement, they are responsible for paying the legal fees of any lawyer they retain.

LEARNING MORE

The Court Office will NOT be able to answer questions about the matters in this Notice.  If you have any questions regarding the Settlement Agreement or making a Claim, information is available by contacting the Claims Administrators at:

Email: manitobaflood@ricepoint.com
Call toll-free: 1-866-934-0509

IMPORTANT DATES:

Claim Form Workshops:

RBC Convention Centre (Winnipeg , MB):

April 24 at 11 a.m. until 8 p.m.
April 25 at 10 a.m. until 4 p.m.

Gypsumville Hall (Gypsumville, MB):

April 26 at 11 a.m. until 8 p.m.
April 27 at 10 a.m. until 4 p.m.

Claim Deadline: Tuesday, July 17, 2018

This Notice was approved by order of the Court of Queen’s Bench of Manitoba 

————————————————————-

UPDATE JANUARY 15, 2018

We are pleased to announce that the Manitoba Court of Queen’s Bench has approved a settlement in this action.  A Notice containing the details on how and when to make a claim will be issued in the coming weeks.

A copy of the Settlement Agreement can be found here The Frequently Asked Questions Document can be found here.

In summary, the basic terms of the Settlement Agreement are as follows:

  • All members of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, and Dauphin River First Nations resident in Manitoba at the time of the 2011 flood are eligible to make claims for both Disruption Payments and Special Circumstances compensation as outlined below.
  • Disruption Payments will be based on a point system that takes into account how long Class Members were evacuated and/or living in adverse conditions and whether or not they were residents of the reserves or resided elsewhere in Manitoba.
  • Special Circumstances Payments.  In addition to the Disruption Payments, Class Members who have verifiable personal property losses/repair costs, income loss and/or health care costs not already compensated, may be eligible for additional payments.While not admitting wrongdoing, the Governments of Manitoba and Canada have agreed to pay $90,283,000.00. This amount includes a contribution towards lawyer (“Class Counsel”) fees and expenses as well as Administration costs.
  • Because the payments under the settlement are based on the number of people that come forward to make claims/receive payments, it is not possible to estimate the amounts eligible Class Members may receive.

NOTICE OF CERTIFICATION AND SETTLEMENT
APPROVAL HEARING

To anyone who is a member of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, or Dauphin River First Nations, who lived in Manitoba during the 2011 Flood

A Class Action Lawsuit May Affect Your Rights.

This is a court authorized notice.  You are not being sued.

BACKGROUND INFORMATION

Severe flooding in Manitoba in 2011 led to the evacuation of many members of these First Nations. On April 3, 2012 a class action was commenced against the Governments of Manitoba & Canada for damages suffered by members of the class in relation to the flooding (i.e. damage to their personal property and evacuation from the Reserves).

CERTIFICATION

The Courts have determined that the class action is certified, and can proceed as a group action rather than having each member of the class bringing a separate lawsuit.

SETTLEMENT APPROVAL HEARING

Following the certification the parties entered into negotiations and have settled the lawsuit.  This settlement must be approved by the Court before settlement benefits can be paid to the class.  If approved another Notice will be published with details on how to make a claim for payment.

The Settlement Approval Hearing is scheduled to occur on January 12, 2018 at 10:00 am at the Law Courts, 408 York Avenue, Winnipeg Manitoba.

SETTLEMENT SUMMARY

The basic terms of the Settlement Agreement are as follows:

·       All members of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, and Dauphin River First Nations resident in Manitoba at the time of the 2011 flood are eligible to make claims for both Disruption Payments and Special Circumstances compensation as outlined below.

o           Disruption Payments will be based on a point system that takes into account how long Class Members were evacuated and/or living in adverse conditions and whether or not they were residents of the reserves or resided elsewhere in Manitoba.

o           Special Circumstances Payments.  In addition to the Disruption Payments, Class Members who have verifiable personal property losses/repair costs, income loss and/or health care costs not already compensated, may be eligible for additional payments.

·       While not admitting wrongdoing, the Governments of Manitoba and Canada have agreed to pay $90,283,000.00. This amount includes a contribution towards lawyer (“Class Counsel”) fees and expenses as well as Administration costs.

·       Because the payments under the settlement are based on the number of people that come forward to make claims/receive payments, it is not possible to estimate the amounts eligible Class Members may receive.

·       The timing and process for making a claim and receiving payment under the Settlement Agreement will be available in a further Notice if the Settlement Agreement is approved by the Court.

Further details on the Settlement Agreement can be viewed at www.mckenzielake.com and www.troniaklaw.com, or by contacting Class Counsel as listed below.

WHAT YOU NEED TO DO – YOUR OPTIONS AT THIS STAGE

DO NOTHING AND STAY IN THIS LAWSUIT:

Stay in this lawsuit.  Share in the Settlement Agreement, if Court approved.  Give up certain rights.

By doing nothing, you will be entitled to participate in the Settlement, but you give up any rights to sue on your own about the same claims made in this lawsuit.

By staying in the lawsuit, you have a right to submit comments on the Settlement Agreement that the Court will consider at the Settlement Approval Hearing.  If you wish to make a comment on the Settlement Agreement, you must submit your written comment to the Notice Administrators no later than  November 30, 2017.

REMOVE YOURSELF “OPT OUT”

Get out of this lawsuit.  Get no money or benefits from the Settlement.  Keep your legal rights to sue on your own.

If you ask to be removed (“opt out”), you will not be entitled to any payment under the Settlement Agreement, if the Court approves it.  But, you keep your legal rights to sue on your own about the same legal claims made in this lawsuit (subject to any limitation periods that may apply).

To remove yourself (“opt-out”) of the lawsuit and any Settlement that is approved by the Court, you must act by November 30, 2017.

You must complete and return an Opt Out Form to the Notice Administrator before November 30,2017.

2011 Manitoba Flood Class action
PO Box 4454, Toronto Station A,
25 The Esplanade
Toronto, ON  M5W 4B1

LEGAL FEES

At or after the Settlement Approval Hearing, Class Counsel  (McKenzie Lake Lawyers LLP and Troniak Law), will also seek court approval of their legal fees not to exceed 15% of the Settlement Amount, plus disbursements and applicable taxes.

LEARNING MORE

The Court Office will be unable to answer any questions about the matters in this Notice.  If you have any questions regarding the certification or about the Settlement Agreement, information is available by contacting Class Counsel at:

McKenzie Lake Lawyers LLP
Website:          www.mckenzielake.com
Email:              manitobaflood@mckenzielake.com
Phone:             1.844.672.5666

Troniak Law
Website:         www.troniaklaw.com
Email:              troniaklawoffice@gmail.com
Phone:            1.877.947.1743

This Notice was approved by order of the Court of Queen’s Bench of Manitoba


Class Action Update: June 15, 2017

The preliminary terms of a settlement have been reached which resolves the claims of members of the Lake St. Martin, Dauphin River, Little Saskatchewan, and Pinaymootang First Nations in respect of the 2011 flooding which resulted in thousands being evacuated, many still to this day.  The terms of the settlement agreement are being finalized by the lawyers and must be approved by the court in order to be implemented

This class action was initially started by the members of the four First Nations, alleging that the negligence of the defendants had caused the flooding in the spring of 2011, which resulted in the evacuations and other damages and losses.  Certification of the class action was originally denied but was eventually certified as against Manitoba by the Manitoba Court of Appeal in January 2017.

The settlement will include payments to Class Members, payments towards legal costs, and payments for notice and claims administration.

According to Michael Peerless of McKenzie Lake Lawyers LLP, co-counsel for the plaintiffs, “the parties engaged in difficult and protracted negotiations and the preliminary settlement represents valuable remuneration for the Class Members.  We are very pleased with the settlement, and we commend Manitoba and Canada for entering into good faith negotiations and for ultimately agreeing to the terms with us.”

Clifford Anderson of Pinaymootang First Nation and a member of the Class Action Steering Committee believes the preliminary settlement is in the best interest of community members, saying: “It has been six years since the flood happened and it’s time for our members, our elders, and our young people to move home and move on.”

To read the full press release click here.  For further information read the FAQs here.


On April 3, 2012, a class action was commenced against the Government of Manitoba for damages suffered by members of the First Nations residing on the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin and Dauphin River Reserves and for damages suffered by persons carrying on business within 30 kilometers of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin and Dauphin River Reserves.

The lawsuit involves allegations that the Government of Manitoba, through its operation of the Shellmouth Dam, Portage Diversion and Fairford River Water Control Structure caused excessive flooding on each of the four First Nation Reserves.  As a result, hundreds of members of the First Nation suffered damage to their personal and real property and had to be evacuated from the Reserves.

The action was commenced by Clifford J. Anderson, Kurvis Anderson, Bertha Travers, Priscilla Anderson, Lillian Traverse, Mathew Traverse, Melloney Francois, Mary Stagg and Norman Stagg, all members of the First Nations who resided on the four Reserves and Dauphin River Fisheries Company Ltd. which carries on business in the community of Dauphin River.

Download the Amended Statement of Claim

Certification

The certification motion was heard by the Honourable Mr. Justice R. Dewar from September 3 to 5, 2014. In his decision, Justice Dewar denied certification of this action as a class action.

Download the decision of the Honourable Mr. Justice Dewar dated December 31, 2014.

The Plaintiffs sought and were granted leave to appeal the decision of Justice Dewar.

Download Leave To Appeal Decision

On January 25, 2017, the Manitoba Court of Appeal released its decision granting the Plaintiffs appeal and certifying the action to proceed as a class action.  We will post more details as soon as they become available.

Download Certification Appeal Decision

Photo Gallery

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