Lake Manitoba Flood Class Action Lawsuit Settlement 2021

A class action lawsuit was initiated against the Province of Manitoba in 2013 on behalf of those affected by the 2011 Lake Manitoba flood waters.

In 2021, the Province of Manitoba and the class legal counsel DD West LLP reached a settlement of $85.5m that was approved by the Honourable Justice Joan McKelvey of the Court of Queens Bench on January 13, 2022.

Exchange Solutions Inc. is the Claims Administrator for the 2011 Lake Manitoba Flood Class Action Settlement Agreement.

FEBRUARY 2025 UPDATE

Beginning in February 2025 and continuing over the next months, Notices of Option 2: Assessment are being sent to Option 2 Claimants. The Notices of Option 2: Assessment will include total damages assessed, MASC compensation paid to the Claimant and Class Action Settlement assessed compensation (Claim Assessed Amount).

The Notices of Option 2: Assessment will also include a listing of any outstanding information / document requests the Claims Administration has made of a Claimant.

If a Claimant disagrees with the Claim Assessed Amount, the Claimant will have 30 days from their Notice's Posting Date to provide the Claims Administrator with the reasons for the Claimant’s disagreement and any additional supporting documentation. After receipt of any additional information or documentation, the Claims Administrator will take reasonable steps to reassess the Claim Assessed Amounts within 15 days. A final Notice of Option 2: Assessment with a Claim Assessed Amount will thereafter be issued. The final Notice of Option 2: Assessment will constitute the Claims Administrator’s final assessment of a claim.

If by their Notice’s Acknowledgement Date, a Claimant does not sign for the Notice’s Acknowledgement, Authorization and Declaration and return it to the Claims Administrator or alternatively, provide their reasons for disagreeing with the Claim Assessed Amount within 30 days of their Notice’s Posting Date, the Claims Administrator will deem the Claim Assessed Amount to be final.

As required by the Court Order / Claims Administration Procedure, the Claims Administrator is required to complete all claim assessments and receive Court-approval for the Option 2 assessments prior to any compensation payments being made.

The Claims Administrator must assess all Option 2 claims to determine the total amounts payable in order to ascertain the quantum of any Claimants’ potential prorated share based on the remaining balance of the Class Action Settlement Funds after all Option 1 Class Action Settlement Fixed Payment Amounts had been paid.

SEPTEMBER 2023 – Option 1: Fixed Payment Compensation Sent

On September 20, 2023, the Manitoba Court of King's Bench approved the issuance of Option 1: Fixed Payment compensation to all Eligible Claimants in accordance with the Settlement Agreement dated November 18, 2021 and the Court Approval Order dated January 13, 2022.

On September 29, 2023, the Claims Administrator sent a Notice of Option 1: Fixed Payment and cheque to each Eligible Claimant. There were 818 Eligible Claimants and in total $6,065,559 of Option 1: Fixed Payment compensation was paid.

JUNE 2023 UPDATE

For all received and registered Claims, Notices of Eligibility with a Claim Option Form or Notices of Ineligibility have been sent to the Claimants.

As outlined on those forms, Claimants have 90-days to:

Notice of Eligibility / Claim Option Form: Sign and return the Claim Option Form with the Claimant’s selected option (see Claim Option Form Information below).

Notice of Ineligibility: If the Claimant chooses to, provide additional information to the Claims Administrator to determine the Claimant’s eligibility (see Ineligible Claims Information below).

Claim Option 1: Fixed Payment

For those Claimants who select Option 1: Fixed Payment on their Claim Option Form, as per the Court Order and Settlement Agreement, the Claims Administrator is required to obtain a Court approval authorizing payment of all Option 1: Fixed Payments before any payment can be made to applicable Claimants.

Exchange Group anticipates having Court approval for Option 1: Fixed Payments by the end of September 2023.

Claim Option 2: Detailed Assessment

The Claims Administrator has begun contacting and meeting those Eligible Claimants that are either first time claimers for compensation or who have selected Option 2: Detailed Assessment, to start their claims assessment. The Claim Administrator will continue to contact and work with all the Option 2 Claimants over the next year.

EXG has made presentations to the following Associations on the status of the Claims Administration and to answer questions from the Associations’ Members:

Association of Lake Manitoba Stakeholders Tuesday May 16, 2023

Laurentia Beach Cottage Association Saturday June 3, 2023

Sandpiper Beach Cottage Association Saturday June 3, 2023

NOVEMBER 2022 UPDATE

As at the end of September 2022, the Claims Administrator received from Manitoba Agricultural Services Corporation (MASC) the majority of the 2011 Lake Manitoba Financial Assistance Program files for the Claimants who had received compensation during the years 2011 to 2014.

As part of our multi-level review process, the Claims Administrator has been reviewing the MASC documentation received in order to determine the Class Action Settlement eligibility of these Claimants applications.

For Claimants that did not apply for 2011 Lake Manitoba Financial Assistance Program compensation during the year 2011 to 2014, a detailed review of their claims for Class Action Settlement eligibility will begin once all the MASC Claimants have been completed.

Notices of Eligibility with a Claim Option Form or Notices of Ineligibility are being sent to Claimants and will continue to be sent throughout the following months as all the claims are assessed.

CLAIM OPTION FORM INFORMATION

The Claim Option Form provides two options.

Option 1 Fixed Payment Amount: If you had received compensation from the original Government of Manitoba Financial Assistance Program between 2011 and 2014, you were provided an option to select a Fixed Payment Amount that has been defined in the class action settlement agreement and does not require you to provide any further supporting evidence to the Claims Administrator. Upon receipt of the Claim Option Form, you will have 90-days to select the option you would like and return the completed Claim Option Form to the Claims Administrator.

Option 2 Detailed Assessment: If you did not file a claim with or receive any compensation from the original Government of Manitoba Financial Assistance Program, or if you choose not to take the Option 1 Fix Payment Amount you may select this option that provides for a Detailed Assessment of your claim by the Claims Administrator.

INELIGIBLE CLAIMANTS

If the Claims Administrator determines that you did not meet the eligibility criteria, you are provided the opportunity, within a set timeframe to provide further information, to potentially substantiate your eligibility.

In either case, the Claims Administrator may request supporting documentation for your claim from you.

CLAIMS SUBMISSION DEADLINE HAS ENDED

The deadline to file a claim for potential compensation under the Class Action Settlement ended on April 14, 2022. No further claims can be accepted.

The Claims Administrator has received and registered over 1,600 Claims. All Claimants that filed their Claim Registration Form by the filing deadline were sent their Notice of Receipt of the Claim Registration Forms.

Please refer to the Claims Administration Procedure for full details of the court-approved process and compensable damages, as well as the Summary of Class Action Settlement Compensable Damages and Losses.