2011 MANITOBA FLOOD CLASS ACTION

Frequently Asked Questions

  1. What is this lawsuit about?
  2. How do I know if I am included in the class?
  3. Has the settlement been approved?
  4. How do I receive a share of the settlement funds?
  5. How do I fill out a claim form?
  6. What monies will be paid under the Settlement Agreement?
  7. When will I receive payments?
  8. How do I file for an estate?
  9. What documentation do I need to include with my claim?
  10. What if I retain a lawyer to fill in my claim?
  11. Who are the lawyers representing the class members?
  1. What is this lawsuit about?

    Severe flooding in Manitoba in 2011 led to the evacuation of many members of the Pinaymootang, Little Saskatchewan, Lake St. Martin and Dauphin River First Nations. On April 3, 2012 a class action was commenced against the Governments of Manitoba & Canada for damages suffered by members of these First Nations in relation to the flooding (i.e. damage to their personal property and evacuation from the Reserves).

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  2. How do I know if I am included in the class?

    All members of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, and Dauphin River First Nations resident in Manitoba at the time of the 2011 flood are eligible to make claims.

    Children are eligible to make applications so long as they resided in Manitoba in the Spring of 2011 (and were therefore born in or before Spring Flooding of 2011).

    The Estates of Class Members who passed away after the Spring of 2011 are also eligible to make claims.  Any of the deceased’s family may complete a claim form for the Estate, but only the legal Estate

    Representative (i.e. executor of a Will or administrator of the Estate) will be able to receive the payment on behalf of the Estate (see below for further details).

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  3. Has the settlement been approved?

    This settlement was approved by the Court on January 12, 2018.  While not admitting wrongdoing, the Governments of Manitoba and Canada have agreed to pay $90,283,000.00. This amount includes lawyer (“Class Counsel”) fees and expenses as well as Administration costs.

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  4. How do I receive a share of the settlement funds?

    In order to be deemed eligible for compensation, a person must be able to demonstrate:

    1) That the person is a Member of one of the Pinaymootang, Dauphin River, Little Saskatchewan or Lake St. Martin First Nations; and

    2)  That the person lived in Manitoba in the Spring of 2011 (just before the Flood).

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  5. How do I fill out a claim form?

    A detailed instruction package on how to obtain, complete and submit a Claim Form is available under Documents. You may have received a Claim package in the mail. Paper copies can be requested by contacting the Claims Administrator at the toll free number 1-866-934-0509 or email manitobaflood@ricepoint.com.

    Workshops will be held by the Claims Administrator to assist Class Members in filing a claim.  There is no cost to Class Members in attending these workshops.

    If you would like to register for a workshop, please go to Workshops (registration is optional).

    WORKSHOPS:

    RBC Convention Centre (375 York Avenue, Winnipeg, MB):

    To find the RicePoint Administration Claim Workshops enter the Main Entrance of the RBC Convention Centre located on York Avenue.

    April 24 - 11am until 8pm

    April 25 - 10am until 4pm

    Gypsumville Hall (Gypsumville, MB):

    April 26 - 11am until 8pm

    April 27 - 10am until 4pm

    Please bring copies of documents proving your residency, Band Membership, and for any financial or health loss that you incurred due to the flood. 

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  6. What monies will be paid under the Settlement Agreement?

    There are 2 types of payments available under the Settlement:

    Disruption Payments:

    The primary payment is known as a Disruption Payment and it is meant to compensate you for all of your losses and hardship relating to the Spring 2011 Flooding. 

    These payments will be based on a Points System.  Persons (including deceased persons/Estates) who were living under adverse conditions and/or were evacuated for more than three years will be allocated more points than those who were living under adverse conditions and/or were evacuated for less than three years.  Class Members who ordinarily reside on reserve will be allocated more points than those that ordinarily reside off reserve. Children, who resided in Manitoba in 2011, are also eligible to apply for compensation under the Settlement.  The only difference in payments between children is based on whether or not they ordinarily reside on- or off- the Reserves.  Regardless of the length of time of their disruption, ordinarily resident on-reserve children will be paid the same, payments to off-reserve children are substantially less.

    Special Circumstance Payments: Special Circumstances Payments are to address exceptional losses and expenses incurred by Class Members as a result of the Spring 2011 Flooding (i.e. not simply loss of your usual/typical personal effects) that  have not already been compensated for by any other program such as  Disaster Financial Assistance, insurance claims, Employment Insurance). 

    In order to qualify for Special Circumstances Payments, a Class Member will have to demonstrate the nature and amount of the loss or expense. This should include documents such as receipts to demonstrate the loss or expense.

    The Special Circumstances fund is limited.  Where a claim for a Special Circumstances Payment is approved by the Administrator, the payment may be reduced proportionate to other claims, based on the total number of approved claims of this type and the value of the claims. Special Circumstances Payments cannot be made until all claims have been assessed and determined.

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  7. When will I receive payments?

    Disruption Payments will be paid first, followed by Special Circumstances Payments.  It is estimated that Disruption Payments could start to flow as early as the Fall/Winter of 2018.

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  8. How do I file for an estate?

    If a Class Member is deceased, a claim by the Estate of the Class Member may be made.  If approved, the legal Estate Representative will be forwarded the settlement payment for that Estate.

    A legal Estate Representative is someone who has been officially appointed to administer the Estate. This can be done in a Will, where an “Executor” is named, or by a legally appointed administrator of the estate. The process for appointing an administrator depends on whether the Class Member was living on- or off- reserve when the person died.

    On-Reserve

    For Estates of Class Members who were ordinarily resident on reserve[1] when the person died, Indigenous Services Canada (“ISC”, formerly “INAC”) can assist with the administration of that Estate, either by appointing a family member to act as the administrator of the Estate or by appointing a departmental employee as administrator of the Estate. For more information, please contact your Indian Registry Administrator.

    [1] Under the Indian Act, INAC is only involved with estates for people who usually live or lived on reserve. INAC calls this being "ordinarily resident on-reserve".  "Ordinarily resident on-reserve" means that an eligible First Nation person lives on-reserve, does not maintain a primary residence off-reserve, but may temporarily live off-reserve for education purposes or for the purpose of obtaining care or services not available on-reserve. 

    Off-Reserve

    For Estates of Class Members who were ordinarily resident off reserve when the person died, the process for appointing a legal representative of the Estate depends on the nature of the estate.

    1)  “Grant of Probate”

    A Grant of Probate is sought where there is a Will and the estate is valued at over $10,000. To obtain a Grant of Probate, the executor named in the Will must make a “Request for Probate of Will” in the Manitoba Court of Queen’s Bench, Probate Division, and pay the applicable fee.

    2)   “Letters of Administration”

    Letters of Administration are generally sought when there is no Will and the estate is valued at over $10,000 or includes real property, or where there is a Will but no executor has been named. To obtain Letters of Administration, the next of kin residing in Manitoba must file a “Request for Administration” in the Manitoba Court of Queen’s Bench, Probate Division, and pay the applicable fee. If the deceased had a Will, it should be filed with the request.

    3)Administration Order” (Small Estate under $10,000)

    An Administration Order is applicable to estates valued at less than $10,000 and generally does not include real property. To be appointed as an Administrator for a small the applicant must file a “Request for Order under Section 47 of The Court of Queen’s Bench Surrogate Practice Act” in the Manitoba Court of Queen’s Bench, Probate Division, and pay the applicable fee. If the deceased had a Will, it should be filed with the request.

    Where there is no Will, the order of priority for appointment as Administrator under either an “Administration Order” or “Letters of Administration”, is:

    • the spouse or common-law partner;
    • an adult child (biological or legally adopted);
    • a parent;
    • a brother or sister (biological, half-sibling or sibling legally adopted by the parents of the deceased person);
    • a niece or nephew; or

    in certain situations, the Public Guardian and Trustee where there is no family member able to act as administrator.

    See Manitoba Court of Queen’s Bench, Probate Division for Forms and Fees.

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  9. What documentation do I need to include with my claim?

    Only Band Members of one of the Four First Nations, who resided in Manitoba in the Spring of 2011 are eligible to make claims.  Anyone making a claim will need to provide proof of Band Membership and residency in Manitoba during the Spring of 2011.

    Documents that might help establish Band Membership include:

    • Status Card
    • Statutory Declaration (by Band Membership Clerk)
    • Band Number (shown on a document also containing your name)

     

    Some documents that will help establish where a Class Member lived in 2011 include those listed below.  Please note that the document must be dated at or just before the Spring of 2011, with the  name and address of the Class Member also showing on the document:  

    Name of Document

    Where to Find Documentation

    For Adults (18 years and older)

    Utility Bill (i.e. Hydro, Gas, Oil-Tank servicing/refilling)

    Manitoba Hydro/Gas – 1-888-624-9376 or 204-480-5900

    Income Tax Filing or Notice of Assessment or Rebate Application Form

    Canada Revenue Agency  - 1-800-959-8281

    ** Note: If you received assistance in completing these forms (i.e. an Accountant) those that provided the assistance may also have a copy in their records.

    Employment Insurance Statement

    Employment Insurance and Social Development - 1-800-206-7218

    Record of Employment

    Service Canada – 1-819-654-6981

    Medical Transportation Records

    Various Dispensing Pharmacies, Hospitals and Physicians and Medical Clinics

    Manitoba Health Pharmacare Provincial Drug Program -  1-800-297-8099 or 204-786-7141

    First Nations and Inuit Health Branch Non-Insured Health Benefits – 1-877-983-0911 or 204-983-0911

    Manitoba Health, Seniors and Active Living -  Insured Benefits Branch1-800-392-1207 or 204-786-7101

    Medical Records:  
    (i.e.
    Prescription Record, Hospital Record, Physician Record)

    Various Dispensing Pharmacies, Hospitals and Physicians and Medical Clinics

    Manitoba Health Pharmacare Provincial Drug Program - 1-800-297-8099 or 204-786-7141

    First Nations and Inuit Health Branch Non-Insured Health Benefits – 1-877-983-0911 or 204-983-0911

    Manitoba Health, Seniors and Active Living - Insured Benefits Branch1-800-392-1207 or 204-786-7101

    First Nations Health Registration Card

    Manitoba Health, Seniors and Active Living - Insured Benefits Branch1-800-392-1207 or 204-786-7101

    Canada Child Tax Benefit – Payment Statement

    Canada Revenue Agency – 1-800-387-1193

    Manitoba Child Benefit – Payment Statement

    1-800-563-8793 or 204-523-5230

    Housing/Rental Supplement – Payment Statement

    Manitoba Housing Authority  - 1-800-661-4663

    Manitoba Rent Supplement Program - 204-945-2493

    Manitoba Shelter Benefit – 1-877-587-6224 or
    204-945-2197

    Financial Assistance Statement

    55 Plus – 1-800-563-8793 or 204-523-5230

    Old Age Security – 1-800-277-9914

    Veterans Affairs Canada – 1-866-522-2122

    Employment and Income Assistance (EIA) –
    204-948-4000

    EIA - Central Intake Services – 204-948-4000

    Insurance Policy and/or Renewal

     

    Invoices/Receipts

     

    Credit Card Statement     

     

    Financial (Bank) Statement

     

    For Minors (Under 18)

    School Record

    (dated 2011, showing address and DOB and status information, if available (i.e. Band Membership number and/or parents))

    Dauphin River School

    Now Closed – was previously operated by Dauphin River First Nation – 204-659-5370.  Frontier School Division (204-775-9741) arranges enrollment at either Little Sask School (204-659-2672) or Gypsumville School – 204-659-4475

    Lake St. Martin School – 204-942-6742

    (grades N-9) OR Narrows Education Authority – 204-942-2270

    Little Saskatchewan School – 204-659-2672

    (grades K-10) OR Little Saskatchewan Education Authority – 204-659-2672

    Pinaymootang School – 204-659-2045

    (grades N-12) OR Pinaymootang School Authority = Pinaymootang First Nation – 204-594-1290

    Frontier School Division - 204-775-9741

    Lakeshore School Division – 204-739-2101

    You should be able to contact any of these organizations and request that they re-send you a copy of a 2011 document, previously issued to you.

    If you are also making a Special Circumstances claim, then you will need to provide the documents establishing that loss as well.

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  10. What if I retain a lawyer to fill in my claim?

    You do not need to retain a lawyer in order to file a claim in this settlement.  Both Class Counsel and the Claims Administrators are available to you, free of charge, to answer any questions you might have about the Claim process or Claim Form.  

    If you choose to retain a lawyer, you will be responsible for paying the legal fees.  All future correspondence will be directed to your lawyer.

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  11. Who are the lawyers representing the class members?

     

    McKenzie Lake Lawyers LLP

    Troniak Law

    Website:

    www.mckenzielake.com

    www.Troniaklaw.com

    Email:

    manitobaflood@mckenzielake.com                                     

    office@troniaklaw.com

    Phone:

    1.844.672.5666

    1.877.947.1743

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