On April 3, 2018, the Manitoba Court of Queen’s Bench (now King’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. 

Through this trial, we acknowledge the efforts of nine Lake Manitoba individuals who testified on everybody’s behalf. We also recognize the opinions provided by our two expert witnesses, whose testimonies were crucial in guiding the Court. These people were invaluable in assisting us in prosecuting the case. 

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 favourable decision, we hope to negotiate a settlement with Manitoba on a total loss amount. Depending on the results, we will either seek approval from the Court on the total amount of the award or individually deal with each Class Member’s claims. We anticipate that the process might take some time to finalize the next steps.

Documents

Decision of Justice McKelvey – June 11, 2021
Settlement Agreement –  November 19, 2021
Schedules to the Settlement Agreement – November 19, 2021

FAQs – December 8, 2021

Contact

If you have questions regarding this Class Action, please feel free to contact Brian Meronek, Q.C. at bmeronek@ddwestllp.com. 

Alternatively, if you have general inquiries about submitting your claim as part of this Class Action, please feel free to contact Mark Intertas at mintertas@ddwestllp.com or 204-480-6687. 

TEAM MEMBERS INVOLVED WITH THE 2011 MANITOBA FLOOD CLASS ACTION:

• Brian J. Meronek, K.C.
• William S. Klym