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Manitoba Developmental Centre Class Action
The Claims Period is Now Closed
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.
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 mdcclassaction@kmlaw.ca or toll-free at 1-800-286-2266.
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Latest Developments
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October 16, 2024
Class Members who submitted Section A claims should expect to receive their decisions soon.
The Claims Administrator is currently processing and assessing a high volume of Section B claims and will release decisions on Section B claims in due course.
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August 14, 2024
As part of the Manitoba Developmental Centre Class Action Settlement, Class Members can take a tour of MDC on either September 20 or September 23 before it closes forever. Each day there will be a morning tour at 10am – 12 pm, and an afternoon tour at 1 pm – 3pm.
If you want to take a tour, you need to register by September 13. To register, send an email to Class Counsel at mdcclassaction@kmlaw.ca or call toll free 1-800-286-2266.
Class Counsel will give you a registration form to complete with the following information:
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- Which tour you want to attend (date and time)
- Your contact information
- The contact information of any support person you are bringing
If you need help arranging transportation to MDC on the tour date, please let Class Counsel know when you register and they may be able to assist.
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June 27, 2024
The Claims Period is Now Closed
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.
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May 23, 2024
Claims Assistance Sessions in Winnipeg on June 4 & June 6, 2024, and in Steinbach on June 12, 2024.
Class Counsel will be hosting two drop-in claims assistance sessions at 120 Maryland St. in Winnipeg and another session at Envision Community Living in Steinbach (84 Brandt St.). The purpose of these sessions is to assist Class Members and their support networks with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. These are drop-in sessions. You can come by any time during the sessions. Please bring some form of Photo Identification and any information you wish to have class counsel review.
Winnipeg Sessions:
When: June 4 anytime between 11 AM and 4:30 PM and June 6 anytime between 12 PM and 4:30 PM
Where: 120 Maryland St. Winnipeg, Manitoba
Steinbach Session:
When: June 12 anytime between 11 AM and 4:00 PM
Where: Envision Community Living, 84 Brandt St., Steinbach, Manitoba
All Class Members, family members, support people and Substitute Decision Makers are welcome to attend. At these sessions, Class Counsel will be available to:
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- Answer any questions about the claims process;
- Help complete claim forms;
- Review claims for submission; and
- Commission claim forms.
If you are not ready to complete your claim form at this time or cannot make it to any of these sessions, Class Counsel is also available to assist by phone at 1-800-286-2266 or email at mdcclassaction@kmlaw.ca. As a reminder, the claims deadline is June 27, 2024.
We recognize that some Class Members may be impacted by the process of making a claim. If you plan on attending a session to review your claim information or to get help in preparing a claim by recounting your experiences at MDC, we suggest that you bring someone from your support network to support you through that process.
We also want to remind everyone that there are resources available to those who require professional support in navigating the trauma of completing their claim form. If you or a person you are assisting in the claims process needs counselling support, you can access more information about how to apply for reimbursement for counselling fees at the webpage below under the heading “Claims Process Counselling”.
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May 22, 2024
What: Question and Answer Session MDC Claims Process
Where: This will be a virtual Session on Zoom https://us02web.zoom.us/j/82495532009
Date: Thursday May 23, 2024
Time: 1:00pm (Central/Manitoba Time)
Further details can be viewed here.
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March 21, 2024
Claims Assistance Session in Brandon: April 3, 2024
Class Counsel for the MDC Settlement will be hosting a drop-in claims assistance session at Brandon Community Options to assist survivors and their representatives with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. This is a drop-in session. You can come by any time during the session.
When: April 3 anytime between 10AM and 4 PM
Where: Unit A 759 1st Street, Brandon, Manitoba
What to bring: Some form of Photo Identification and any information you wish to have class counsel review.All Class Members, family members, support people and Substitute Decision Makers are welcome to attend. At this session, Class Counsel will be available to:
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- Answer any questions about the claims process;
- Help complete claim forms;
- Review claims for submission; and
- Commission claim forms.
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If you are not ready to complete your claim form at this time or cannot make it to this session, Class Counsel is also available to assist by phone at 1-800-286-2266 or email at mdcclassaction@kmlaw.ca. As a reminder, the claims deadline is June 27, 2024.
It is recognized that some Class Members may be impacted by the process of making a claim. If you plan on attending the session to review your claim information or to get help in preparing a claim by recounting your experiences at MDC, it is suggested that you bring someone from your support network to support you through that process.
An important reminder to everyone that there are also resources available to those who require professional support in navigating the trauma of completing their claim form. If you or a person you are assisting in the claims process needs counselling support, you can access more information about how to apply for reimbursement for counselling fees at the webpage below under the heading “Claims Process Counselling”
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March 11, 2024
Claims Assistance Sessions in Winnipeg: March 27 and March 28, 2024
Class Counsel will be hosting two drop-in claims assistance sessions at 120 Maryland St. in Winnipeg to assist Class Members and their representatives with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. These are drop-in sessions. You can come by any time during the session.
- When: March 27 and March 28, anytime between 1 PM and 4 PM
- Where: 120 Maryland St. Winnipeg, Manitoba
- What to bring: Some form of Photo Identification and any information you wish to have class counsel review.
All Class Members, family members, support people and Substitute Decision Makers are welcome to attend. At this session, Class Counsel will be available to:
- Answer any questions about the claims process;
- Help complete claim forms;
- Review claims for submission; and
- Commission claim forms.
If you are not ready to complete your claim form at this time or cannot make it to this session, Class Counsel is also available to assist by phone at 1-800-286-2266 or email at mdcclassaction@kmlaw.ca. As a reminder, the claims deadline is June 27, 2024.
We recognize that some Class Members may be impacted by the process of making a claim. If you plan on attending the session to review your claim information or to get help in preparing a claim by recounting your experiences at MDC, we suggest that you bring someone from your support network to support you through that process.
We also want to remind everyone that there are resources available to those who require professional support in navigating the trauma of completing their claim form. If you or a person you are assisting in the claims process needs counselling support, you can access more information about how to apply for reimbursement for counselling fees at the webpage below under the heading “Claims Process Counselling”.
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January 17, 2024
MDC Storytelling Initiative Virtual Consultation on February 7, 2024
- When: February 7, 2024, at 1-2 p.m. CST (2-3 p.m. EST).
- Where: The session will be virtually hosted over Microsoft Teams. You can join by clicking on this address here.
- Have your say: Send your comments about the proposal to Class Counsel by February 7, 2024 by email at mdcclassaction@kmlaw.ca.
Class Counsel will be hosting a virtual session on February 7, 2024 to consult with former MDC residents about a funding proposal from People First of Canada (“PFC“) for the production of a documentary film about the history of MDC called “These Four Walls”.
This film aims to document the history of institutionalization in Manitoba up to and including the closure of MDC, including the MDC Class Action. PFC is seeking $50,000 in funding from the MDC Storytelling Initiative Fund established by the MDC Settlement to help produce the film. A copy of PFC’s funding proposal can be found here, and the trailer for the film can be watched here.
At the virtual session, Class Counsel will provide a summary of the funding proposal and seek input from former MDC residents on whether to accept the proposal.
All Class Members, family members, support people and Substitute Decision Makers are welcome to attend. Please send your comments about the proposal to Class Counsel by February 7, 2024 by email at mdcclassaction@kmlaw.ca.
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January 12, 2024
REMINDER: 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 info@mdcclassactionsettlement.ca 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 or at https://mdcclassactionsettlement.com/.
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. Class Counsel would be happy to speak to any Class Member’s counsellor, psychologist, or psychiatrist in this regard.
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.
Class Counsel may be able to provide Claimants with a referral to a counsellor, psychologist, or psychiatrist upon request by email to mdcclassaction@kmlaw.ca.
Please contact Class Counsel at mdcclassaction@kmlaw.ca if you have any questions about how to get access to Claims Process Counselling Funds.
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October 10, 2023
Claims Assistance Session in Winnipeg on October 24, 2023
Class Counsel will be hosting a drop-in claims assistance session at 120 Maryland St. in Winnipeg to assist Class Members and their representatives with any issues they may have in filling and submitting their claim forms in the Manitoba Developmental Centre Class Action. This is a drop-in session. You can come by any time during the session.
- When: October 24, 2023, between 11:00 AM and 7:00 PM
- Where: 120 Maryland St. Winnipeg, Manitoba
- What to bring: Some form of Photo Identification and any information you wish to have class counsel review.
All Class Members, family members, support people and Substitute Decision Makers are welcome to attend. At this session, Class Counsel will be available to:
- Answer any questions about the claims process;
- Help complete claim forms;
- Review claims for submission; and
- Commission claim forms.
If you are not ready to complete your claim form at this time or cannot make it to this session, Class Counsel will be hosting another session before the claims deadline of June 27, 2024. Class Counsel is also available to assist by phone at 1-800-286-2266 or email at mdcclassaction@kmlaw.ca.
We recognize that some Class Members may be impacted by the process of making a claim. If you plan on attending the session to review your claim information or to get help in preparing a claim by recounting your experiences at MDC, we suggest that you bring someone from your support network to support you through that process.
We also want to remind everyone that there are resources available to those who require professional support in navigating the trauma of completing their claim form. If you or a person you are assisting in the claims process needs counselling support, you can access more information about how to apply for reimbursement for counselling fees at the webpage below under the heading “Claims Process Counselling”.
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August 18, 2023
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 info@mdcclassactionsettlement.ca 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 or at https://mdcclassactionsettlement.com/.
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. Class Counsel would be happy to speak to any Class Member’s counsellor, psychologist, or psychiatrist in this regard.
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.
Class Counsel may be able to provide Claimants with a referral to a counsellor, psychologist, or psychiatrist upon request by email to mdcclassaction@kmlaw.ca.
Please contact Class Counsel at mdcclassaction@kmlaw.ca if you have any questions about how to get access to Claims Process Counselling Funds.
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August 14, 2023
In accordance with the Settlement Agreement approved by the Court on May 25, 2023, Manitoba has agreed to pay $50,000 for the creation of audiovisual productions about the history of the Manitoba Developmental Centre and the stories of the people who have lived there. On behalf of MDC survivors, Class Counsel is seeking proposals from audiovisual producers interested in carrying out this storytelling initiative.
A Request for Proposals (“RFP“) setting out the scope of work, budget, timeline, and requirements for proposals can be found here. Any interested audiovisual producers should carefully review the RFP and submit their proposal to mdcclassaction@kmlaw.ca by November 3, 2023 with the subject line: “MDC Audiovisual Proposal 2023”.
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July 27, 2023
Getting help completing your Claim
The claims process in the Manitoba Developmental Centre class action settlement was designed to be simple and user-friendly. Class Members and/or Substitute Decision Makers are encouraged to complete their claims on their own with the assistance and privacy of their support networks.
Class Counsel is here to help. Class Counsel can help answer questions about the claims process, review claims for submission, help with the completion of claim forms, and arrange for the commissioning of the claim forms. Class Counsel can do so by phone, video conference (i.e. Zoom) or in person.
If you need help with your claim, you may contact Class Counsel by email at mdcclassaction@kmlaw.ca, or by calling the toll-free number 1-800-286-2266.
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June 26, 2023
The proposed Settlement has now been approved by the Court. Class members can now make claims for compensation. All Claims must be submitted by June 27, 2024.
More information on the Settlement and how to make a claim can be found in the Publication Notice of Approval, the Long Form Notice of Approval or by visiting the Settlement website: https://mdcclassactionsettlement.com/.
To submit a claim for compensation in the Settlement, class members must complete a claim form, which can be found at https://mdcclassactionsettlement.com/ or here.
For those who wish to request a class member’s resident file as part of the Settlement process, such requests must be submitted by August 27, 2023. A copy of the Resident File Request Form can be found at https://mdcclassactionsettlement.com/
Class members may contact the Claims Administrator for further information at 1-844-306-0263 or info@mdcclassactionsettlement.ca
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June 2, 2023
For those who were unable to view the Premier of Manitoba’s historic apology live, the apology can be viewed at the following link: https://video.isilive.ca/play/legassemblyofmb/uploads/2023-06-01-chambers-pm.mp4 .
The apology runs between 1:46:30 to 1:53:54 of the video.
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May 31, 2023
For those unable to attend the Legislative Assembly on Thursday, June 1, 2023 at 2:45pm CT for Manitoba’s apology, we have been advised that a live broadcast of the session can be found at the following link: https://www.gov.mb.ca/legislature/business/house_broadcasts.html
We hope you will be able to attend or view the apology tomorrow.
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May 30, 2023
Late this afternoon, Manitoba informed Class Counsel that it intends on providing the apology to the Class pursuant to the Settlement in the Legislative Assembly on THURSDAY, JUNE 1 at 2:45pm CT.
We have been provided with the following additional details about attendance at the Legislative Assembly for the apology: “persons can arrive to the main entrance (off Broadway) of the Legislature. It is anticipated the reading will take place immediately after Question Period in the House. Persons should bring identification to support arrival and entry past reception security. Staff will be in place to guide anyone in attendance.”
We will post additional details as they are received.
We are hopeful that you will be able to attend this historic event, despite the limited notice.
We have expressed our serious disappointment to Manitoba about the notice provided.
We apologize for the late-breaking information.
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May 4, 2023
THE COURT ROOM FOR THE SETTLEMENT APPROVAL HEARING HAS CHANGED – The Settlement approval hearing will now be held before the Court of King’s Bench on Friday, May 5, 2023, in Courtroom 210. The hearing is scheduled to commence at 10:00am CST/ 11:00am EST at the Courthouse located at 408 York Avenue, Winnipeg, Manitoba R3C 0P9.
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March 13, 2023
We are pleased to report that a proposed settlement has been reached between the Plaintiff and the Defendant in this proceeding (the “Settlement” or “Proposed Settlement”).
The parties will propose the Settlement to the Court for its approval. For the Settlement to be approved and implemented, the Court must be satisfied that it is fair, reasonable and in the best interests of the Class. A hearing to determine whether the Settlement should be approved is scheduled for May 5, 2023 in Winnipeg.
In summary, the Proposed Settlement provides:
- A $17 million Settlement Fund;
- Compensation of up to $80,000 for specific harms suffered by Class members;
- A paper-based claims process for Class members to seek compensation;
- Reconciliation initiatives including:
- An apology from the Premier or the Minister of Families;
- A $1,000,000 Reconciliation Endowment established with the Winnipeg Foundation to fund initiatives impacting persons with developmental disabilities in Manitoba;
- A memorial to commemorate the experiences of Class members, to be located on the grounds of the MDC Cemetery;
- Other initiatives providing for access to MDC, story-telling initiatives, the preservation of documents in this litigation, and counseling for class members during the claims process, among other initiatives.
Further details on the Settlement and your rights at this stage can be found in the Long Form Notice, available here.
More information on the Settlement can also be found at the Administrator’s website (MDCclassactionsettlement.ca) available here. A copy of the Settlement agreement can be found here.
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December 14, 2022
On December 14-16, 2022, the parties are participating in a dispute resolution conference, assisted by the Honourable Justice Bock, for the purpose of exploring a potential settlement in this action.
The discoveries process is ongoing. Examinations of the Plaintiff were completed on November 16-18, 2022. The Plaintiff and Defendant must answer outstanding questions on interrogatories and undertakings.
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November 3, 2022
The parties continue to engage in discoveries. A Case Management Conference was held on October 7, 2022, and Justice Grammond directed a timetable for the tasks to be completed in order to conclude discoveries.
Oral examinations for discovery of the Defendant were completed on March 3, 2022, and the Defendant gave many undertakings during the course of those examinations. The Defendant has only answered some of its undertakings to date. The Defendant is expected to provide answers to all undertakings by January 13, 2023.
The Plaintiff has also served the Defendant with a series of written questions on interrogatories, on March 31, 2022. The Defendant has not answered any of those questions to date. The Defendant is expected to provide answers to all those questions by February 28, 2023.
The Defendant has also served the Plaintiff with its written questions on interrogatories, on October 27, 2022. Oral examinations of the Plaintiff are scheduled to proceed November 16-18, 2022.
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March 8, 2022
The parties are currently engaging in examinations for discovery, questioning key witnesses.
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January 10, 2022
The parties are currently preparing for examinations for discovery. During these examinations, key witnesses will be questioned in advance of a trial.
The deadline to remove yourself from the certified Class is this week, on January 12, 2022. More information is available in the Long-Form Notice, here. If you remove yourself from the Class, you cannot get any money or benefits from this lawsuit if any are awarded. To ask to be removed, you must complete the Opt Out Form available here.
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October 6, 2021
The Court has approved notices to be distributed to Class members regarding certification of this class action, including Class Member rights and options at this stage. You can review the Long Form Notice here. You can review the Short Form Notice here.
This class action is certified to proceed on behalf of the following Class Members: “all persons who resided at MDC between July 1, 1951 and May 29, 2020, and were alive as of October 31, 2016.”
If you are a Class Member, and you wish to keep your rights to sue the Government of Manitoba, you must remove yourself from the Class by the deadline of January 12, 2022. If you remove yourself, you cannot get any money or benefits from this lawsuit if any are awarded. To ask to be removed, you must complete the Opt Out Form available here.
The parties are currently completing productions and reviewing a large number of documentary productions.
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April 8, 2021
The Manitoba Court of Appeal has denied the Defendant’s motion for leave to appeal the certification decision of Justice Grammond. The reasons for the Court of Appeal’s decision can be found here.
The parties are currently producing and reviewing many documents, in preparation for a trial deciding the merits of the case. Documents are being produced monthly, with Defendant productions to be completed by August 31, 2021.
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February 1, 2021
On January 29, 2021, the Manitoba government announced that MDC would close down, through a phased approach over the next three years, moving current residents to community living situations. Our legal action will continue to seek remedies for those who resided at the institution in the past – the certified class includes those who resided at MDC between July 1, 1951 and May 29, 2020, and were alive as of October 31, 2016. The Manitoba Court of Appeal has not yet issued a decision on the Defendant’s motion for leave to appeal the certified class period.
The parties are currently working towards a documentary production plan ahead of trial
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January 6, 2021
The Defendant’s leave to appeal motion was heard by the Manitoba Court of Appeal on October 14, 2020, and the Court reserved its decision. The decision will be posted on this website as soon as it becomes available.
If leave is granted, then the Defendant will be allowed to present its case for appeal at a future hearing before the Court of Appeal. If leave is not granted, then the action will proceed as a class action for the whole certified class period, towards a trial.
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October 1, 2020
The Defendant’s leave to appeal motion will be heard before the Court of Appeal on October 14, 2020. The Court will afterwards decide whether the Defendant is allowed to proceed with an appeal of the certification decision.
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September 3, 2020
The Defendant is seeking leave to appeal Justice Grammond’s certification of this case as a class proceeding. A hearing will be scheduled to determine whether the Defendant can appeal the certification decision.
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May 29, 2020
The Honourable Justice Grammond has certified this proceeding as a class action. The certified Class is defined to include: “all persons who resided at MDC between July 1, 1951 and the date of the certification order, and were alive as of October 31, 2016.” The Reasons for Certification can be viewed here.
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March 2, 2020
The motion for certification of this action as a class proceeding was heard in Winnipeg on November 26, 2019. The judge reserved her decision. The decision will be posted here when it is made available.
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April 25, 2019
Since the last update on February 14, 2019, the Manitoba government confirmed that it would not be filing any evidence in response to the Plaintiff’s motion for the certification of this case as a class proceeding. That means that the motion to decide whether this case will proceed on behalf of former residents of MDC will be decided on the evidence filed by the Plaintiff and by legal arguments.
A hearing date has been set for November 26 and 27. At that time the Plaintiff will be asking the court to certify this case as a class proceeding on behalf of former residents of MDC.
The next steps in this matter would be for the lawyers for Manitoba to ask questions of the Plaintiff’s witnesses then for the parties to exchange written submissions, which will occur in the coming months.
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February 14, 2019
The Manitoba government recently delivered its Statement of Defence in the proposed class action brought by former resident, David Weremy, on behalf of former residents of the Manitoba Developmental Centre (MDC). The proposed class action alleges that Manitoba failed in its duties to the former residents who allege they were mistreated and abused while under the government’s care.
In defending the class action, Manitoba denies that it owed a fiduciary duty to the former residents of MDC to care for and protect them from any abuse while under MDC’s full care and control. It is not clear to Mr. Weremy how Manitoba could not owe a duty to those residents it housed and was supposed to care for and protect.
In addition, while Manitoba acknowledges that the residents of MDC were persons with developmental and other disabilities, Manitoba is seeking to rely on the passage of time to deny the former residents’ claims, despite the difficulty such persons with disabilities have in accessing the justice system. Based on this Statement of Defence, Mr. Weremy is concerned that the Manitoba government will try to take advantage of the residents’ disabilities to avoid responsibility for and public disclosure of the terrible conditions the former residents were forced to live in while under Manitoba’s care.
For media inquiries, please contact David Rosenfeld at drosenfeld@kmlaw.ca or 416-595-2700.
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December 20, 2018
To view various news reports from CBC, Global News, Winnipeg City News and Winnipeg Free Press pertaining Manitoba Development Centre please click on links below:
- CBC – $50M lawsuit alleges intellectually disabled residents were sexually abused, starved at Manitoba institution
- Global News – Class-action lawsuit alleges rape, abuse of patients; seeks $50 M for Manitoba Developmental Centre clients
- Winnipeg City News – $50m lawsuit filed against Government of Manitoba
- Winnipeg Free Press – Suit alleges physical, sexual abuse at Manitoba Development Centre
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December 19, 2018
To view a documentary raising awareness of the Manitoba Development Centre please click here.
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October 16, 2024
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Documents
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FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
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Contacts
Tollfree: 1-800-286-2266
Email: mdcclassaction@kmlaw.ca
