There was a class action lawsuit regarding the Manitoba Developmental Centre (“MDC”) in Portage la Prairie, Manitoba. A settlement was reached between the Plaintiff and the Defendant in this proceeding (the “Settlement”). The Settlement was approved by the Court on August 15, 2023 and provides a fund of $17 million for compensating Class Members and other reconciliation initiatives.
The period to file a claim commenced on June 26, 2023 and closed on June 27, 2024.
The Claims Administrator is processing claims and will issue its decisions in due course. If you have received a request from the Claims Administrator regarding missing information, please respond to the Claims Administrator as soon as possible.
The Claims Administrator may accept late Claim Forms received by August 27, 2024 if:
(a) the Claimant, the Claimant’s SDM, or the Claimant’s Estate has provided written reasons for failing to submit the Claim Form and is able to demonstrate that he/she intended to submit the Claim Form before the applicable deadline;
(b) the Claimant has described special circumstances that would justify the consideration of the Late Claim Form in the interests of justice;
(c) the parties consent to have such Claim Form be assessed by the Claims Administrator; or
(d) the Court otherwise orders accordingly.
Claimants may request a Reconsideration of their decision if:
(a) their claim is disallowed in its entirety, or
(b) their claim is determined ineligible. Any request for Reconsideration must be received by the Claims Administrator within fourteen calendar days of the date of the Claim Administrator’s decision.
If you need further assistance, including with submitting a late Claim Form or a request for Reconsideration, please Contact Class Counsel at [email protected] or toll-free at 1-800-286-2266.
Funds are available to Class Members for counselling during the claims process
Class Members who make claims in the Manitoba Developmental Centre class action settlement can get access to funding of up to $1,500.00 (including taxes) per Claimant for counselling, psychological, or psychiatric care arising from any traumatization they experience as a result of making a Claim ("Claims Process Counselling").
Under the Settlement, Manitoba will pay up to $150,000.00 (including taxes) in total to reimburse Claimants who undergo such Claims Process Counselling ("Claims Process Counselling Funds"). Those funds will be applied to individual Claims Process Counselling Funds requests from Claimants on a first-come-first-served basis.
Any Class Member who has filed a Claim and who has undergone, or is undergoing, Claims Process Counselling during the claims period (until June 27, 2024), may seek Claims Process Counselling Funds of up to $1,500.00 (including taxes) by submitting their counselling invoice(s) and Direction Form to the Claims Administrator with the subject line "Claim for Claims Process Counselling Funds" by e-mail to [email protected] or by mail to "MWQ Claims Administrator, PO Box 3355, London, ON N6A 4K3".
Claimants may either submit (i) invoice(s) for Claims Process Counselling they underwent that they have already paid directly, for which reimbursement is sought, or (ii) unpaid invoice(s) for Claims Process Counselling they underwent that they are seeking funds to satisfy. In addition to their invoice(s), Claimants must also submit a completed Direction Form directing that the Claims Process Counselling Funds be paid to either the Claimant or their service provider. A copy of the Direction Form can be downloaded here.
Claimants who are unable to pay for Claims Process Counselling up-front may ask their counsellor, psychologist, or psychiatrist to provide the services and seek payment from the Claims Process Counselling Funds thereafter by submitting their unpaid invoice(s) directly to the Claims Administrator, along with a completed Direction Form signed by the Class Member directing payment to the service provider.
To be eligible for reimbursement, Claimants must undergo Claims Process Counselling and submit all associated invoices and their Direction Form to the Claims Administrator before June 27, 2024.
Claimants who are eligible for reimbursement will be reimbursed on a first-come-first-served basis from the $150,000 in Claims Process Counselling Funds. As a result, there is a possibility that the Claims Process Counselling Funds will be depleted at some point during the claims process.
These are the important dates and deadlines associated with this case: