Manitoba Developmental Centre abuse $17M class action settlement

Update:

• The court approved this settlement Aug. 15, 2023.

• Let Top Class Actions know when you receive a check in the comments section below or on our Settlements & Payouts Facebook group.

The government of Manitoba agreed to a $17 million settlement to resolve a class action lawsuit claiming some residents of the Manitoba Developmental Centre (MDC) residential care facility were harmed by staff and fellow residents. 

The settlement benefits anyone who lived at MDC between July 1, 1951, and May 29, 2020, and was alive as of Oct. 31, 2016.

Plaintiffs in the lawsuit alleged Manitoba was negligent in the operation of MDC. The lawsuit alleged that some MDC residents were physically, sexually and psychologically harmed by staff and other residents.

Manitoba denied these claims but has agreed to a settlement.

Manitoba is a province in Canada. Located in Portage la Prairie, the Manitoba Developmental Centre is a residential care facility for adults with an intellectual disability.

The settlement provides a fund of $17 million that eligible MDC residents can make a claim against. The amount of compensation each person will receive is dependent on the specifics of the claim and the number of claims approved in total.

The amount of money each class member will receive depends on the type of harm they establish on their claim form. There are two types of claims, one that requires only an affirmation that the class member was harmed, and one that requires claimants to provide details of the harms suffered.

Claimants submitting only the affirmation of harm can get up to $3,000, while those detailing the harms suffered are eligible for up to $60,000 to compensate for sexual assault and up to $25,000 to compensate for physical abuse.

The claims process is paper-based and requires a detailed description of assaults to the extent of a claimant’s recollection and ability, which may be subject to an audit process.

Manitoba will pay $150,000 to reimburse claimants for counseling, psychological or psychiatric care arising from any re-traumatization claimants experience as a result of making a claim.

Manitoba will also establish an endowment of $1 million with the Winnipeg Foundation and pay $50,000 for the creation of audiovisual productions concerning the stories of affected residents and the history of MDC, to be developed through consultation with residents. 

The deadline to opt out of the lawsuit passed on Jan. 12, 2022.

The final approval hearing for the settlement took place May 25, 2023.

In order to receive settlement benefits, class members must submit a valid claim form by June 27, 2024.

Who’s Eligible

The settlement benefits anyone who lived at MDC between July 1, 1951, and May 29, 2020, and was alive as of Oct. 31, 2016.

Potential Award

Up to $60,000 to compensate for sexual assault and up to $25,000 to compensate for physical abuse.

Proof of Purchase

A claim form either affirming harm suffered at MDC or detailing the harm suffered, with medical evidence in some cases.

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

06/27/2024

Case Name

David Weremy, et al. v. The Government of Manitoba, Case No. CI 18-01-17220 in The King’s Bench Winnipeg Centre

Final Hearing

05/25/2023

Settlement Website

MDCClassActionSettlement.com

Claims Administrator

MWQ Claims Administrator
PO Box 3355
London, ON N6A 4K3
info@MDCclassactionsettlement.ca
844-306-0263

Class Counsel

KOSKIE MINSKY LLP

WOLSELEY LAW

Defense Counsel

THOMPSON DORFMAN SWEATMAN LLP