EXG is the Claims Administrator for the 2011 Lake Manitoba Flood Class Action Settlement Agreement that received the Pre-Approval Order by the Honourable Justice Joan McKelvey of the Court of Queen's Bench on November 18, 2021.
2011 Lake Manitoba Flood Class Action
On March 15, 2013, a 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.
All members of the Class are eligible to make claims for settlement benefits. Details of the type of claims that are eligible and the manner in which those claims will be assessed can be found in Schedule A of the Settlement Agreement - November 18, 2021 link below.
The settlement must be approved by the Court before any settlement benefits can be paid to Class Members. If the settlement is approved by the Court, another notice will be published with details on how to make a claim for settlement benefits. The Settlement Approval Hearing is scheduled to occur in the Manitoba Court of Queen’s Bench on Thursday, January 13, 2022 at 10:00 a.m. via video hearing.
Class members interested in attending the Settlement Approval Hearing may do so subject to the COVID-19 restrictions and protocols set out in the Pre-Approval Notice (Long Form), which can be accessed at the website of Class Counsel, DD West LLP at https://www.ddwestllp.com/.
DD West LLP Contact
The Court office will not be able to answer any questions about the matters in this Notice. If you have any questions regarding the settlement or the Settlement Approval Hearing, you may contact Class Counsel (DD West LLP) at:
Additional Contact Information:
Brian Meronek, Q.C.:
William S. Klym:
DD West LLP (General Line)