- What is this class action about?
- Why did I receive a notice?
- Am I a member of the class, or a guardian of a class member?
- Who is excluded from the class action?
- What is the status of the lawsuit?
- When was the class action certified?
- When was the class action settled?
- What does the settlement offer?
- What are my legal rights and options at this stage?
- What happens if I do nothing?
- How do I opt-out of the class action?
- What do I lose by opting-out of the class action?
- How do I object to the proposed settlement?
- How do I object to the proposed fees?
- Do I have a lawyer in this case?
- How will the lawyers be paid?
- How do I get more information?
A class proceeding was commenced against the Government of Manitoba in respect of Manitoba’s actions and policies relating to the administration of Children’s Special Allowance Benefits (“CSA Benefits”) from children in the care of Métis Child, Family and Community Services Agency Inc. and Michif Child & Family Services Inc. (the “Métis Agencies”) between January 1, 2005 and March 31, 2019 (the “Lafontaine Class Action”). There are separate but related class proceedings dealing with Manitoba’s actions and policies relating to the administration of CSA Benefits paid for children in the care of Child and Family Services Agencies in Manitoba other than the Métis Agencies over that same period of time (the “Flette/Lavallee Class Actions”).
From January 1, 2005 to March 31, 2019, Manitoba took Children’s Special Allowances (CSA) Benefits from Child and Family Service Agencies in Manitoba, the legal guardians of children in care (the “CSA Policy”).
The CSA Benefit is the equivalent to the Canada Child Benefit received by parents of children who are not in care, and should have been used exclusively for the benefit of the child for whom it was owed to under the Federal Children’s Special Allowances Act. In total, Manitoba wrongfully took more than $45,000,000 from the Class during this time.
In 2020, Manitoba passed legislation which deemed lawsuits regarding its CSA Policy to be dismissed, and retroactively legitimatized its CSA Policy during the claim period.
In 2022, the Court found Manitoba’s actions to be unconstitutional and discriminatory. Afterwards, three class actions were certified to pursue recovery of the money taken by Manitoba, including the Lafontaine class action.
On December 13, 2023, the Court certified the Lafontaine Class Action as a class proceeding and certified the class as all Indigenous and non-Indigenous persons who were in the care of the Métis Agencies at any time between January 1, 2005, and March 31, 2019 (the “Class Period”), and for whom the Métis Agencies received CSA Benefits pursuant to the Children’s Special Allowances Act (“CSA Act”) that were directly or indirectly taken by Manitoba, including through claw backs of provincial funding (the “Class”).
The Plaintiffs in the Lafontaine Class Action have reached a settlement with the Government of Manitoba in the amount of eighty-four-million eight-hundred-thousand ($84,800,000) to be paid to class members with a portion of those funds to be used to pay legal fees, the costs of administering the settlement and for programs and services to be delivered in connection with the distribution of settlement funds (the "Settlement"). The Court will need to approve the Settlement. The Settlement Approval Hearing is scheduled for September 5-6, 2024.
You received a Notice because you may be a member of the Class and may be affected by the Settlement. If you do not agree to the Settlement, you will need to “object” in accordance with the process set out in the Notice. If you do not want to be a member of the Class and do not want to be bound by the Settlement, you will need to “opt-out” in accordance with the process set out in the Notice.
If you were a child in the care of either of the Métis Agencies at any time between January 1, 2005, and March 31, 2019, you are likely a member of the Class and likely entitled to compensation.
If you are a parent or guardian to a minor child who may be a part of the Class, you are responsible for making decisions on behalf of the Class member with respect to the class action, including opting out or making an objection.
Two other, related class actions have also been certified, with different class definitions:
- The Flette Class: All Indigenous persons, and the estates of those persons, who were in the care of Child and Family Services Agencies in Manitoba (the "CFS Agencies”), other than the Métis Agencies, at any time between 2005 to 2019, and for whom the CFS Agencies received CSA Benefits that were directly or indirectly taken by Manitoba, including through claw backs of provincial funding; and
- The Lavallee Class: All non-Indigenous persons, and the estates of those persons, who were in the care of CFS Agencies, other than the Métis Agencies, at any time between 2005 to 2019, and for whom the CFS Agencies received CSA Benefits that were directly or indirectly taken by Manitoba, including through claw backs of provincial funding.
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 is likely 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 Authority who can assist you.
The Settlement does not apply to anyone who is not a Settlement Class Member, including Excluded Persons. Excluded Persons are:
- the Defendant, and its directors, officers and employees;
- persons who validly opt out of the Settlement;
- persons who previously resolved and/or released their claims in an individual settlement with the Defendant with respect to the issues raised in the Action; and
- Class Counsel and the presiding judge in the Action.
The Lafontaine Class Action was certified as a class action on December 13, 2023. Now, the parties have agreed to settle the case and Manitoba has agreed to provide compensation to the Class members.
The Court must approve the proposed Settlement before it is effective. At a Court hearing on September 5-6, 2024, the parties will be asking the Court to approve the Settlement. Once the Settlement is approved, the Authority will initiate the process for distributing the Settlement funds to Class members.
On December 13, 2023, the Court certified the Lafontaine Class Action as a class proceeding and certified the Class.
The Court appointed Rene Lafontaine and Mary Derendorf as the Representative Plaintiffs.
The Court appointed Lax O’Sullivan Lisus Gottlieb LLP and MN Trachtenberg Law Corporation as Class Counsel.
On March 19, 2024, the Plaintiffs reached an agreement in principle with Manitoba to settle the Lafontaine Class Action for a payment of $84,800,000. A portion of the Settlement funds will pay for legal fees, settlement administration fees and programs and services to be delivered in connection with the distribution of settlement funds.
On June 19, 2024, the Plaintiffs and Manitoba entered into a definitive settlement agreement. Under the settlement agreement, the Métis Child and Family Services Authority, with the assistance of Epiq Class Action Services Inc. is appointed to manage the distribution of the Settlement funds. The Authority will determine each Class member’s eligibility and entitlement to payment from the Settlement funds.
The proposed Settlement offers total compensation to the Class in the Lafontaine of $84,800,000 plus approximately $7,000,000 in CSA funds retained by the Métis Agencies. From that amount, approximately $7.5 million will be used for (1) legal fees, (2) administration of the Settlement, and (3) programs to support Class members. These amounts are subject to court review and approval.
Each Class member will receive a payment in proportion to the amount of time spent in care between January 1, 2005 and March 31, 2019 and the amount of CSA Benefits that were applied for, received and remitted to Manitoba and/or clawed back.
Any amount paid to a Class member from the Settlement Benefits will not be deemed to be a form of income replacement or compensation for loss income, and will not affect eligibility for, the amount, nature and/or duration of social assistance programs administered by or on behalf of Manitoba.
If there are any undistributed amounts, the Authority will distribute the remaining amounts held on behalf of the Undistributed Class Members to the Métis Agencies as a cy près distribution. The Métis Agencies will exclusively apply the cy près distribution toward the care, maintenance, education, training or advancement of individuals in their care or programming and services for the care, maintenance, education, training or advancement of individuals formerly in the care of the Métis Agencies.
If you support or are indifferent to the proposed Settlement, you do not have to do anything right now.
When the administration process begins, you will be able to identify yourself to the Authority and receive compensation.
If you disagree with the proposed Settlement offering compensation to Class Members, you can voice your objection to the Court by completing and submitting the Objection Form no later than August 26, 2024.
If you disagree with the legal fees allocated to Class Counsel, you can voice your objection to the Court by completing and submitting the Objection Form no later than August 26, 2024.
If you do not want to participate in the class action, you must formally “opt out” by completing and submitting the Opt-Out Form no later than August 26, 2024.
If you support or are indifferent to the proposed Settlement, you do not have to do anything right now.
When the administration process begins, you will be able to identify yourself to the Authority and receive compensation.
Members of the Class who do not want to participate in the class action must formally “opt out”. To opt out you must complete and submit the opt-out form, which can be found here. The opt-out form must be sent by e-mail to info@metiscsaclassaction.ca or by mail to the Métis Child and Family Services Authority ( the “Authority”) at:
Métis Child and Family Services Authority
Administrator, Lafontaine Class Action re: Children’s Special Allowance
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
No Class Member will be permitted to opt out of the class action unless the completed opt-out form is received by the Authority by 5:00 p.m. CST on August 26, 2024.
A member of the Class who opts out will not be entitled to participate in the Lafontaine Class Action, will not be bound by the Settlement once approved by the Court, and will not be eligible for any recovery in the Lafontaine Class Action. A Class member who opts out may be eligible to pursue a claim in a separate proceeding. If you wish to pursue your own claim in a separate proceeding, you should consult with a lawyer immediately.
If you disagree with the proposed Settlement offering compensation to Class Members, you can voice your objection to the Court by completing and submitting the Objection Form , which can be found here. The Objection Form must be sent by e-mail to info@metiscsaclassaction.ca or by mail to the Métis Child and Family Services Authority ( the “Authority”) at:
Métis Child and Family Services Authority
Administrator, Lafontaine Class Action re: Children’s Special Allowance
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
The Objection Form must be received by the Authority by 5:00 p.m. CST on August 26, 2024.
If you disagree with the legal fees allocated to Class Counsel, you can voice your objection to the Court by completing and submitting the Objection Form , which can be found here. The Objection Form must be sent by e-mail to info@metiscsaclassaction.ca or by mail to the Métis Child and Family Services Authority ( the “Authority”) at:
Métis Child and Family Services Authority
Administrator, Lafontaine Class Action re: Children’s Special Allowance
c/o Epiq Class Action Services Canada Inc.
P.O. Box 507 STN B
Ottawa ON K1P 5P6
The Objection Form must be received by the Authority by 5:00 p.m. CST on August 26, 2024.
Yes. The Court has appointed Lax O’Sullivan Lisus Gottlieb LLP and MN Trachtenberg Law Corporation to represent you and all other Class Members as “Class Counsel”. You will not be charged for contacting these lawyers with questions:
Email: metiscsaclassaction@lolg.ca
Phone: 1-416-645-5079
At the hearing on September 5-6, 2024, Class Counsel will seek Court approval that a portion of the Settlement funds be used to pay the legal fees, disbursements and applicable taxes relating to the prosecution and settlement of the Lafontaine Class Action, which are currently estimated to be $1,500,000. This amount may increase depending on the legal fees, disbursements and applicable taxes relating to the administration of this Settlement. The precise amount will be provided in advance of the Settlement Approval Hearing.
Class Counsel in the Lafontaine Action are not being paid on a contingency basis and are not seeking to be paid a percentage of the overall settlement amount. Instead, Class Counsel fees reflect the actual billable time paid by the Plaintiffs.
If Class Members object to the proposed Settlement or legal fees, they are responsible for paying the legal fees of any lawyer or other professional or person who they retain to assist in advancing any such objections.
The Court office will not be able to answer questions about matters in this Notice. If you have any questions regarding the proposed Settlement or making a Claim, information is available by accessing the following website http://metiscsaclassaction.ca, contacting Class Counsel, contacting the Authority, or contacting Epiq at the following:
Métis Child and Family Services Authority
Email: csaclassaction@metisauthority.com
Epiq Class Action Services Inc.
Email: info@metiscsaclassaction.ca
Phone: 1-877-835-4546
You may also be a member of the Flette or Lavallee Class Actions. For more information on the Flette or Lavallee Class Actions, you can contact the claims administrator or the following law firms:
Flette Lavallee Class Action Claims Administrator
Exchange Solutions Inc.
Email: info@csasettlement.com
Phone: 1-204-947-7101 or Toll Free 1-844-947-7101
- The Flette Class:
DD West LLP
Email: CSA@ddwestllp.com
- The Lavallee Class:
Cochrane Saxberg LLP
Email: CSA@cochrancesaxberg.com
OR
DD West LLP
Email: CSA@ddwestllp.com
