SOURCE: McKenzie Lake Lawyers LLP

McKenzie Lake Lawyers LLP

January 27, 2017 10:51 ET

McKenzie Lake Lawyers LLP: Manitoba Flood Class Action Certified

LONDON, ON--(Marketwired - January 27, 2017) - The class action relating to the damages suffered by members of the First Nations residing in Manitoba as a result of the 2011 flood is now certified to proceed by way of class action following the release of a unanimous decision by the Manitoba Court of Appeal.

In April 2012, McKenzie Lake Lawyers LLP filed a class proceeding against The Government of Manitoba alleging the excessive flooding of the First Nations lands was caused by the operation of the Government's dams and water control structures.

  • The class action includes all First Nation residents of Pinaymootang (Fairford), Little Saskatchewan, Lake St. Martin, and Dauphin River, whose property on Reserve, real or personal, was flooded in 2011, or who were evacuated, displaced or were unable to reside on Reserve because of flooding on Reserve in 2011.

Among the issues the court approved for determination at trial are whether the Defendant, by its actions caused the flooding to occur (and if so, were there actions unreasonable), did the Defendant owe a duty of care to the Plaintiffs in the management and operation of the water control structures, and was this duty breached.

Bill Jenkins, one of the lawyers with McKenzie Lake Lawyers LLP who spearheaded the action said, "We are very pleased that individuals who were exposed to the conditions caused by the flooding will be allowed to go forward with their claims on a class basis. We look forward to the next steps in this litigation."

Eric Troniak, local co-counsel for the Plaintiffs on the class action said, "We look forward to have our day in court to obtain justice for what has been done to us and for the continued effects on us. We all want to have a degree of closure and wish to be able to move on with our lives. Many of the evacuees and their families continue to endure hardship and suffering caused by the flood."

It is too early at this stage to quantify the claims of class members if the action is successful, but it is anticipated the amounts will be significant. More details (including a copy of the decision granting certification) are and will continue to be posted at www.mckenzielake.com/practice-areas/class-actions-law/2011-manitoba-flood-class-proceeding.

Contact Information

  • For further information:
    Please contact
    Bill Jenkins
    519-667-2646 ext. 377