Short Form Pre-Approval Notice - 2011 Lake Manitoba Flood Class Action Notice Of Settlement Approval Hearing

To: Any person that owned real or personal property off reserve that was damaged by the flooding of Lake Manitoba in 2011:

A Class Action Lawsuit May Affect Your Legal Rights 

WINNIPEG, MB, Nov. 19, 2021 CNW/ -

BACKGROUND

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. The Court certified the lawsuit as a class proceeding, rather than having each class member bring a separate lawsuit.  Following trial and judgment, but prior to any appeal, the parties entered into negotiations and have reached a settlement of the lawsuit.

SETTLEMENT APPROVAL

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/.

SETTLEMENT SUMMARY

Without admitting any wrongdoing, the Government of Manitoba has agreed to pay $85.5 million to settle the lawsuit. This amount includes a contribution towards lawyer ("Class Counsel") fees and expenses as well as toward the costs of administering the settlement.

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 accessed at the website of Class Counsel, DD West LLP at https://www.ddwestllp.com/ and at the website of the Claims Administrator at: www.exg.ca/LakeManitobaSettlement2021.        

Because payments under the settlement will be based on the total amount of the claims submitted and approved, it is not possible to estimate the amounts that eligible Class Members may receive. Any amounts that Class Members have received under any provincial financial assistance programs will be deducted from any eligible claim.

Information on the timing and the process for making a claim and receiving payment under the settlement will be made available in another notice if the settlement is approved by the Court.

WHAT YOU NEED TO DO:

Do Nothing. By doing nothing, you will be entitled to participate in the settlement, if it is approved by the Court and if you are an eligible Class Member.

You have the right to submit comments in writing on the proposed settlement, including the amount of proposed legal fees and disbursements payable to Class Counsel, for consideration by the Court at the Settlement Approval Hearing. If you wish to make a written comment, you must submit it to Class Counsel (DD West LLP) no later than December 31, 2021, either by email to one of the addresses listed below, or by mail to the address below with a postmarked date no later than December 31, 2021.

LEARNING MORE

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:

DD West LLP

Website: https://www.ddwestllp.com/

Email: [email protected] 

300 - 305 Broadway

Winnipeg, Manitoba R3C 3J7

Fax: [phone]

This Notice is approved by Order of the Court of Queen's Bench of Manitoba.

SOURCE DD West LLP

Brian Meronek, Q.C.: Email: [email protected], Phone: [phone]; William S. Klym: Email: [email protected], Phone: [phone]; Mark Intertas:, Email: [email protected], Phone: [phone]; DD West LLP (General Line), Phone: [phone]