Lake Manitoba Flood Damage $85.5M Class Action Settlement

Manitoba has agreed to pay $85.5 million to settle homeowner flood damage claims surrounding the 2011 Lake Manitoba flooding.

The settlement benefits individuals who owned real or personal property off-reserve that was damaged by the 2011 flooding of Lake Manitoba. Properties within 30 kilometers of Lake Manitoba are eligible under the settlement terms.

In 2011, Lake Manitboa flooded due to higher-than-average rainfall in 2010 and high inflow from other lakes. During the flood, lake levels reached a record high peak of 249.1 meters above sea level — 1.4 meters above the desired range. 

Although the Manitoba government provided compensation for some affected homeowners and business owners, others were excluded.

In 2013, a class action lawsuit was filed against Manitoba alleging the province was liable for flood damages in areas surrounding Lake Manitoba. Damage from the flood allegedly caused financial injury to residents of the surrounding areas that Manitoba was liable for. The residents and business owners sought compensation from Manitboa that wasn’t provided by the previous compensation program.

In June 2021, after a three-week liability trial, a Canadian judge found the government of Manitoba “caused flooding to occur on off-reserve areas surrounding Lake Manitoba” and was liable for resulting damages.

Shortly after this decision, the province agreed to pay $85.5 million to settle claims from Manitoba property owners.

Under the terms of the settlement, Class Members can submit a claim for losses associated with the 2011 Lake Manitoba flooding. This includes property damage, farmland and herd losses, net income loss, flood cleanup and mitigation, temporary accommodations, property devaluation, subdivision land devaluation, and more.

Payments will vary widely under the settlement based on what type of losses each Class Member claims and how many Class Members participate in the settlement. 

Limitations for each claim type can be found in the claims administration procedure on the settlement website.

Claims will require various types of documentation including land deeds, property tax documents, personal identifying information, vehicle registrations, health records, rental agreements, invoices, affidavits, appraisals, reports, and more.

Pre-approval to the settlement was granted by the Court of Queen’s Bench on Nov. 18, 2021. Final approval was granted by the court on Jan. 13, 2022.

In order to benefit from the settlement, Class Members must submit a valid claim registration form by April 14, 2022.

Who’s Eligible

The settlement benefits individuals who owned real or personal property off-reserve that was damaged by the 2011 flooding of Lake Manitoba. Properties within 30 kilometers of Lake Manitoba are eligible under the settlement terms.

Potential Award

Varies

Proof of Purchase

Personal:
Government-issued identification with your name and current address (e.g. Drivers License)

Estate:
If you are filing this Claim Registration Form as the Executor of an Estate, provide a copy of the proof of Probate.

POA:
If you are filing this Claim Registration Form as the Power of Attorney on behalf of another individual, provide a copy of the executed Power of Attorney document.

​Property:
A document, for example, Land Deeds, Property Tax Assessments with the Education Provincial Tax Credit, Income Tax Returns, Homeowners’ Insurance Policies with the applicable location address as at May 1, 2011.

Business / Farm / Not-for-Profit:
Financial Statements, Tax Returns, etc. with the applicable location address as at May 1, 2011.
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Obtaining Supporting Evidence:
If your Property, Business or Farm information was filed with the Land Manitoba Financial Assistance Program administered by the Manitoba Agricultural Services Corporation (MASC), based on your authorization in completing and signing this Claim Registration Form, the Claims Administrator can obtain that supporting evidence.

Claim Form

NOTE: If you do not qualify for this settlement do NOT file a claim.

Remember: you are submitting your claim under penalty of perjury. You are also harming other eligible Class Members by submitting a fraudulent claim. If you’re unsure if you qualify, please read the FAQ section of the Settlement Administrator’s website to ensure you meet all standards (Top Class Actions is not a Settlement Administrator). If you don’t qualify for this settlement, check out our database of other open class action settlements you may be eligible for.

Claim Form Deadline

04/14/2022

Case Name

Pisclevich et al v. The Government of Manitoba, File No. CI13-01-82597, in the Manitoba Court of Queen’s Bench

Final Hearing

01/13/2022

Settlement Website

LakeManitobaFloodSettlement2021.com

Claims Administrator

Exchange Group
Claims Administrator
1-554 St. Mary’s Road
Winnipeg, Manitoba R2M 3L5
questions@LakeManitobaFloodSettlement2021.com
204-947-7120 or 833-947-7120

Class Counsel

Brian J. Meronek QC
William S. Klym
DD WEST LLP

Defense Counsel

Jim Koch
MANITOBA JUSTICE, LEGAL SERVICES BRANCH