WINNIPEG, MB, June 20,
2024 /CNW/ - The Court of King's Bench of
Manitoba has authorized the
Representative Plaintiffs to give notice to Class Members that a
Settlement has been reached and that the Court will consider
whether to approve the Settlement on September 5 and 6, 2024.
The $445 million Settlement is in
respect of Manitoba's actions and
policies relating to the administration of Children's Special
Allowance Benefits paid to children in care of Child and Family
Services Agencies in Manitoba
between January 1, 2005 and
March 31, 2019.
For more details about what the Class Actions are about and who
the Class Members are, please refer to the Short Form Notice which
is copied below and available at www.CSASettlement.com.
The Representative Plaintiffs, Elsie
Flette and Trudy Lavallee and
Class Counsel are available for media inquiries by contacting:
Brian J. Meronek,
K.C., Class Counsel at DD West LLP
T: (204) 925-5355
E: bmeronek@ddwestllp.com
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NOTICE OF CLASS ACTION CERTIFICATION AND
HEARING FOR SETTLEMENT APPROVAL
Regarding class actions
for recovery of Children's Special Allowances
If you were a child in the care of a Child and Family Services
Agency in Manitoba between 2005
and 2019, your legal rights may be affected.
Please read this Notice carefully.
WHAT IS THIS NOTICE ABOUT?
This Notice is being provided in relation to class proceedings
commenced against the Government of Manitoba ("Manitoba") in respect of
Manitoba's actions and policies
relating to the administration of Children's Special Allowance
Benefits ("CSA Benefits") paid for children in the care of Child
and Family Services Agencies in Manitoba (the "CFS Agencies"), except the
Metis Child, Family and Community Services Agency Inc. and Michif
Child and Family Services Inc. (the "Métis Agencies") between
January 1, 2005 and March 31, 2019, inclusive (the "Flette/Lavallee
Class Actions"). There is a separate but related class
proceeding dealing with Manitoba's
actions and policies relating to the administration of CSA Benefits
paid for children in the care of the Metis Agencies over the same
period of time (the "Lafontaine Class Action").
This Notice was approved by the Court of King's Bench of
Manitoba (the "Court") to provide
class members with notice that:
- On December 13, 2023, the Court
certified the Flette/Lavallee Class Actions as class
proceedings and certified the classes as all persons, and the
estates of those persons, who were in the care of the CFS Agencies,
other than the Métis Agencies, at any time between January 1, 2005, and March
31, 2019 (the "Class Period"), and were deemed a provincial
funding responsibility (the "Class").
- The Plaintiffs in the Flette/Lavallee Class Actions have
reached a settlement with Manitoba
in the amount of $445,200,000
to be paid to the Class with a portion of those funds to be used to
pay legal, the costs of administering the settlement, and for a
charitable purpose if any funds remain after eligible claims are
paid (the "Settlement"). For the purposes of facilitating the
Settlement, the Claims Administrator will make application under
section 76(3)(b) of The Child and Family Services Act, CCSM c C80
for access to confidential Class Member records which may be
necessary to assist in determining and assessing entitlement. The
Court will need to approve the Settlement. The Settlement Approval
Hearing is scheduled for September
5 and 6, 2024 at the Court.
WHO IS A MEMBER OF THE CLASS?
If a person was a provincially funded child in the care of a CFS
Agency, except the Métis Agencies, at any time between January 1, 2005, and March
31, 2019, that person is likely a member of the Class and
likely entitled to compensation.
A legal guardian of a Class Member, or a person legally
responsible for the estate of a Class Member, is responsible for
making decisions on behalf of the Class member with respect to the
class actions, including opting out or making an objection.
One other related class action has also been certified with a
different class definition:
- The Lafontaine Class Action: All children in the care of
either of the Metis Agencies between January
1, 2005 and March 31,
2019.
It is possible a person may be a member of more than one class
and entitled to compensation from more than one class action. For
example, if a person was in the care of one of the Métis Agencies
for a certain period of time, and in the care of a different child
and family service agency for another period of time, and both
periods of time were between 2005 and 2019, that person may be a
member of more than one class and is likely entitled to
compensation from more than one class action.
If you believe you may be a member of more than one class
action, please inquire with the Claims Administrator who can assist
you, including by providing the contact information to class
counsel for the Lafontaine Class Action and/or for the entity
responsible for administering the settlement of the Lafontaine
Class Action.
WHAT HAPPENS IF A CLASS MEMBER DOES NOT AGREE
WITH THE SETTLEMENT?
If a Class member disagrees with the proposed Settlement
Agreement offering compensation to Class Members, or the legal fees
sought by Class Counsel or other parties, the Class member can
voice an objection to the Court by completing and submitting the
Objection Form found at CSASettlement.com no later than
August 26, 2024.
If a Class member does not want to participate in the Class
actions, then they can formally "opt out" by completing and
submitting the Opt Out Form found at CSASettlement.com no later
than August 26, 2024. A member of
the Class who opts out will not be entitled to participate in the
Flette/Lavallee Class Actions, will not be bound by the Settlement
once approved by the Court, and will not be eligible for any
recovery in the Flette/Lavallee Class Actions.
WHO WILL REPRESENT CLASS MEMBERS?
The Court has appointed the following law firms to represent
class members as "Class Counsel". Class members will not be charged
for contacting these lawyers with questions:
Cochrane Saxberg LLP for the Lavallee Class Action
Email: CSA@cochranesaxberg.com
DD West LLP for the Flette/Lavallee Actions
Email: CSA@ddwestllp.com
IMPORTANT DATES
Deadline to Provide an Objection to Oppose the
Proposed Settlement and/or Fees: August 26,
2024
Deadline to Opt-Out of Class Proceeding:
August 26, 2024
Settlement Approval Hearing: September 5 and 6, 2024
SOURCE Exchange Group