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).
TopAll 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).
TopThis 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.
TopIn 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).
TopThe deadline to submit a claim was July 17, 2018. Eligible Claimants include all claimants that filed claims and were signed and dated on or before the claims deadline. Late claims shall not be considered by the administrator, however, late claimants shall be entitled to file a notice of motion and supporting affidavit within the 45 day deficiency period. The affidavit filed must provide a reasonable explanation for missing the deadline and those claims will be considered by the Court and granted only in exceptional circumstances.
TopThere 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.
TopDisruption Payments will be paid first, followed by Special Circumstances Payments. It is estimated that Disruption Payments will be paid out in the Spring of 2019. All decisions and payment amount are final.
TopIf 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:
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.
TopOnly 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:
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:
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Name of Document |
Where to Find Documentation |
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For Adults (18 years and older) |
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Utility Bill (i.e. Hydro, Gas, Oil-Tank servicing/refilling) |
Manitoba Hydro/Gas – 1-888-624-9376 or 204-480-5900 |
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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. |
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Employment Insurance Statement |
Employment Insurance and Social Development - 1-800-206-7218 |
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Record of Employment |
Service Canada – 1-819-654-6981 |
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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 Branch – 1-800-392-1207 or 204-786-7101 |
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Medical 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 Branch – 1-800-392-1207 or 204-786-7101 |
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First Nations Health Registration Card |
Manitoba Health, Seniors and Active Living - Insured Benefits Branch – 1-800-392-1207 or 204-786-7101 |
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Canada Child Tax Benefit – Payment Statement |
Canada Revenue Agency – 1-800-387-1193 |
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Manitoba Child Benefit – Payment Statement |
1-800-563-8793 or 204-523-5230 |
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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 |
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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) – EIA - Central Intake Services – 204-948-4000 |
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Insurance Policy and/or Renewal |
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Invoices/Receipts |
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Credit Card Statement |
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Financial (Bank) Statement |
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For Minors (Under 18) |
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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.
TopYou 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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McKenzie Lake Lawyers LLP |
Troniak Law |
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Website: |
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Email: |
office@troniaklaw.com | |
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Phone: |
1.844.672.5666 |
1.877.947.1743 |
The claims review process is taking longer than originally anticipated. Unfortunately, more than 80% of the claims are currently deficient which means more information is needed to determine whether a claim can be approved for compensation from the Settlement. We are reviewing additional information in hopes of resolving some or all of the deficiencies in the claim. It is in the best interest of all class members that we take the extra time.
TopAs soon as a firm mailing date has been determined, we will post an update on our Website. We are working hard to complete the additional review as soon as possible.
TopAll efforts are being made to treat everyone fairly and provide sufficient time to those that need to submit additional information, particularly given the number of claimants that would otherwise have been rejected.
TopWhile our target at the outset was to have Disruption payments issued by the end of the year, it will likely be the Spring of 2019 before such payments will be generated. We understand that this delay is frustrating, but given the high number of deficiencies, it is in the best interest of all claimants to take the additional time to avoid a significant number of class members from ultimately being rejected and ineligible to participate in the Settlement.
TopThe review and evaluation of claims will not be completed until after the Deficiency Notice deadline to submit additional information has passed. Given the number of deficient claims, and the amount of additional information to be reviewed, we will need time to carefully review that information. Payments can only be paid after that review is complete.
TopSpecial Circumstances claims are currently under review. Claims from this Fund are very detailed and require a comprehensive review of the supporting documentation. All amounts claimed need to be checked for accuracy and eligibility. Deficiency Notices will be mailed for claims requiring additional information. After the Deficiency deadline has passed, information received will be reviewed for eligibility. Payments from this fund will be made after the review is complete.
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