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2011 Manitoba Flood Class Action Notice of Certification and Settlement Approval Hearing

Press Release

To anyone who is a member of the Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, or Dauphin River First Nations, who lived in Manitoba during the 2011 Flood:
A Class Action Lawsuit May Affect Your Legal Rights.

WINNIPEG, Oct. 17, 2017

CERTIFICATION

The Courts have determined that the class action is certified and can proceed as a group action rather than having each member of the class bring a separate lawsuit.

SETTLEMENT

Following certification the parties entered into negotiations and have settled the lawsuit.  The settlement must be approved by the Court before settlement benefits can be paid to the class.  If the settlement is approved another Notice will be published with details on how to make a claim for payment.

The Settlement Approval Hearing is scheduled to occur on January 12, 2018 at 10:00 am at the Law Courts, 408 York Avenue, Winnipeg, Manitoba.

Settlement Outline:
While not admitting wrongdoing, the Governments of Manitoba and Canada have agreed to pay $90,283,000.00. This amount includes a contribution towards lawyer (“Class Counsel”) fees and expenses as well as Administration costs.

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 for both Disruption Payments and Special Circumstances compensation.

Because payments under the settlement are based on the number of people that come forward to make claims, it is not possible to estimate the amounts eligible Class Members may receive.

The timing and process for making a claim and receiving payment under the Settlement Agreement will be available in another Notice if the Settlement Agreement is approved by the Court.

WHAT YOU NEED TO DO:
YOUR OPTIONS AT THIS STAGE

Do
Nothing

Stay in this lawsuit.  Share in the Settlement Agreement, if Court approved.  Give up certain rights.

By doing nothing, you will be entitled to participate in the Settlement, but you give up any rights to sue on your own about the same claims made in this lawsuit.

By staying in the lawsuit, you have a right to submit comments on the Settlement that the Court will consider at the Approval Hearing.  If you wish to make a comment, you must submit your written comment to the Notice Administrator no later than November 30, 2017.

Remove Yourself

(“Opt Out”)

Get out of this lawsuit.  Get no money or benefits from the Settlement.  Keep your legal rights to sue on your own.

If you ask to be removed (“opt out”), you will not be entitled to any payment under the Settlement.  You keep your legal rights to sue on your own about the same legal claims made in this lawsuit (subject to any limitation periods that may apply).

To remove yourself (“opt-out”) of the lawsuit and any Settlement that is approved by the Court, you must complete and return an “Opt-Out” Form to the Notice Administrator no later than November 30, 2017.

2011 Manitoba Flood Class Action
PO Box 4454, Toronto Station A,
25 The Esplanade
Toronto, ON M5W 4B1

LEARNING MORE

The Court Office will NOT be able to answer questions about the matters in this Notice.  If you have any questions regarding the Certification or about the Settlement Agreement, information is available by contacting Class Counsel at:

McKenzie Lake Lawyers LLP

Troniak Law

Website:

www.mckenzielake.com

www.Troniaklaw.com

Email:

[email protected]

[email protected]

Phone:

1.844.672.5666

1.877.947.1743

IMPORTANT DATES:

Opt-Out Deadline:  November 30, 2017

Comment Deadline: November 30, 2017

Settlement Approval Hearing: January 12, 2018

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