EXG is the Claims Administrator for the 2011 Lake Manitoba Flood Class Action Settlement Agreement that received court approval by the Honourable Justice Joan McKelvey of the Court of Queen's Bench on January 13, 2022.
Please visit the Lake Manitoba Flood Settlement 2011 website for information about the Settlement.
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.
On January 13, 2022, a court order by Justice McKelvey approved the Settlement Agreement.
Amended Statement of Claim - August 7, 2014
Decision of Justice McKelvey - April 14, 2018
Decision of Justice McKelvey - June 11, 2021
Settlement Agreement - January 13, 2022
Please visit www.LakeManitobaFloodSettlement2021.com for further information about the settlement.
DD West LLP Contact
300 - 305 Broadway
Winnipeg, Manitoba R3C 3J7
Additional Contact Information:
Brian Meronek, Q.C.:
William S. Klym: