The surrounding land of Lake Manitoba was flooded in 2011.
During the period 2011 to 2014, the Government of Manitoba provided financial assistance / compensation to those affected by the flooding which was managed by Manitoba Agricultural Services Corporation (MASC). The Program had four different assistance programs:
Part A Pasture Flooding Assistance Program (Herd)
Part B Agricultural Infrastructure, Transportation and Cross / Storage Loss Component (Crops)
Part C Business, Principal and Non-Principal Residence Component (Property)
Part D Lake Manitoba Flood Protection for Principal Residence, Non-Principal Residences and Businesses (Future Flood Prevention)
The Program Parts included eligibility criteria and limitations to the amounts of compensation that were paid to claimants.
On March 15, 2013, the lawsuit was commenced in the Manitoba Court of Queen’s Bench alleging that the Government of Manitoba caused damage to areas surrounding Lake Manitoba by way of causing flooding through the operation of provincial water control works in 2011.
On April 3, 2018, the Manitoba Court of Queen's Bench certified the Class Action against the Government of Manitoba ("Manitoba") brought by DD West LLP in respect of the 2011 Lake Manitoba Flood.
DD West LLP, as class counsel, represents persons who owned property or carried on business within 30 kilometres of Lake Manitoba in 2011, excluding First Nation reserve lands. These persons include farmers, ranchers, business owners, homeowners and cottage owners.
A 3-week trial on the issue of liability was held from late February to early March 2021, where the Honourable Justice Joan McKelvey of the Court of Queen's Bench presided as judge.
On June 11, 2021, Justice McKelvey published her decision, which was favourable to the Class Action members. She concluded that:
1. "Manitoba, by its actions, caused flooding to occur on off-reserve areas surrounding Lake Manitoba;" and
2. "The flooding substantially interfered with the use and enjoyment of the real property interests of the class."
Following this decision, DD West LLP negotiated a Settlement Agreement with Manitoba on a total loss amount of $85.5 million.
On November 18, 2021, the Pre-Approval Order for the Settlement Agreement was granted by Justice McKelvey.
On January 13, 2022, the Final Settlement Agreement was approved by Justice McKelvey.
During the court-approved period from January 14, 2022 to April 14, 2022, Class Members were able to file a claim to the Claims Administrator based on the court-approved Claims Administration Procedure. See the Long Notice Form.
Beginning April 15, 2022, the Claims Administrator began the process of assessing the Claims received.