12/27/2018
1. Earlier this month, Lawrence Etkin appeared in The Court of Queen’s Bench seeking a payment before Christmas for all Claimants under the Settlement Fund. The Application was opposed by Class Counsel and the Claims Administrator as well as by the governments of Manitoba and Canada. It was hoped that everyone could support a small payout to each and every Claimant before Christmas, even those Claimants who eventually may be deemed ineligible to any entitlement. The interest earned on the Settlement Fund over the past 10 months would have covered that payout. Sadly, in part because the Claims Administrator has the funds tied up until December 31st, the Court was not prepared to grant an order for such payment. RicePoint had stated on its website that payments would start to flow in Fall/Winter of 2018. With the funds tied up to the end of December, those proceeds could not have started to flow until Winter/Spring at the earliest. Class Counsel will be seeking direction from The Court in late January to allow funds to be paid in the Spring, 2019.
2. On the RicePoint website, it is now disclosed that over 80% of all Claim Forms (some 4,050 of the 5,067 Claims filed) were deficient in one or more respects when they were filed. That means that Claimants either did not submit proof of Membership, proof of Residency, or an adequate explanation of the adversity they faced if they lived on Reserve after the flood. Lawrence Etkin has sought and received information dating back to 2010-11 from the schools in Pinaymootang, Little Saskatchewan and Lake St. Martin as well as information from Manitoba Health Insured Benefits that provides proof of residency for about 400 of the 620 Claimants he represents. Additional proof is being sought from Manitoba Hydro through the Band offices. Hopefully that will provide proof for all 620 Claimants.
3. IF YOU NOW HAVE PROOF OF YOUR RESIDENCY ON-RESERVE IN THE SPRING OF 2011 THAT YOU DID NOT BRING WITH YOU WHEN YOU SUBMITTED YOUR CLAIM, NOW IS THE TIME TO SEND IT TO LAWRENCE ETKIN SO HE CAN SUBMIT IT ON YOUR BEHALF. IF YOU DO NOT PROVIDE SUCH PROOF, YOUR CLAIM MAY BE DENIED IF WE ARE NOT ABLE TO FIND SUCH PROOF ELSEWHERE. IF YOU ALREADY PROVIDED SUCH PROOF, DO NOT SEND IT AGAIN. PROOF CAN BE BY WAY OF A CREDIT CARD BILL, HYDRO BILL, UTILITY STATEMENT, SOCIAL ASSISTANCE STATEMENT, GOVERNMENT RECEIPT OR DOCUMENT DATED IN 2011 THAT SHOWS AN ADDRESS ON-RESERVE, ETC. PLEASE NOTE THAT THE INFORMATION FROM MANITOBA HEALTH SHOWED MANY CLAIMANTS WHO SAID THEY LIVED ON-RESERVE IN THE SPRING OF 2011 ACTUALLY LIVED IN OTHER CITIES, ON OTHER RESERVES, OR ELSEHWERE. THAT TYPE OF CONFLICTING INFORMATION MAY RESULT IN A DENIAL OF PAYMENT UNLESS YOU CAN PROVIDE THE PROOF NEEDED TO SHOW THAT YOU WERE A RESIDENT ON-RESERVE IN 2011.
4. IF YOU NOW HAVE PROOF OF YOUR “SPECIAL CIRCUMSTANCES” LOSSES THAT YOU SUFFERED AND THAT YOU PREVIOUSLY DISCLOSED WHEN YOU SUBMITTED YOUR CLAIM, AS A RESULT OF (a) A LOSS OF BUSINESS INCOME OR (b) HEALTH COSTS OR (c) PERSONAL PROPERTY LOSS OR REPAIR, NOW IS THE TIME TO SEND IT TO LAWRENCE ETKIN SO HE CAN SUBMIT IT ON YOUR BEHALF. IF YOU DO NOT PROVIDE SUCH PROOF, YOUR CLAIM FOR SPECIAL CIRCUMSTANCES LOSSES WILL BE DENIED. IF YOU ALREADY PROVIDED SUCH PROOF, DO NOT SEND IT AGAIN. PROOF CAN BE BY WAY OF A TAX RETURN SHOWING THE LOSS OR LOWER INCOME FOR 2011 AND SUBSEQUENT YEARS COMPARED TO PRIOR YEARS, TAX ASSESSMENT STATEMENTS FROM CANADA REVENUE AGENCY, ETC. LAWRENCE ETKIN CANNOT OBTAIN THAT INFORMATION ON HIS OWN; YOU HAVE TO OBTAIN IT AND PROVIDE IT TO HIM.
5. IF YOU NOW HAVE PROOF THAT YOU ARE THE PERSONAL REPRESENTATIVE OF A DECEASED PERSON WHO LIVED ON-RESERVE OR OFF-RESERVE IN THE SPRING OF 2011 THAT YOU DID NOT BRING WITH YOU WHEN YOU SUBMITTED YOUR CLAIM FOR THAT DECEASED PERSON, NOW IS THE TIME TO SEND IT TO LAWRENCE ETKIN SO HE CAN SUBMIT IT ON YOUR BEHALF. IF YOU DO NOT PROVIDE SUCH PROOF, YOUR CLAIM WILL LIKELY BE DENIED. A PROBATE ORDER, ADMINISTRATION ORDER OR OTHER SUCH DOCUMENTATION WOULD BE REQUIRED.
6. IF YOU NOW HAVE PROOF THAT YOU ARE THE PERSON WHO HAD CUSTODY OR GUARDIANSHIP OF A MINOR (AT THE TIME OF THE FLOOD) THAT YOU DID NOT BRING WITH YOU WHEN YOU SUBMITTED YOUR CLAIM, NOW IS THE TIME TO SEND IT TO LAWRENCE ETKIN SO HE CAN SUBMIT IT ON YOUR BEHALF. IF YOU DO NOT PROVIDE SUCH PROOF, YOUR CLAIM FOR THAT MINOR WILL LIKELY BE DENIED.
7. SEND ALL DOCUMENTATION YOU NOW HAVE AVAILABLE TO:
LAWRENCE ETKIN
MANITOBA 2011 FLOOD CLAIMANT COUNSEL
312-1661 PORTAGE AVENUE
R3C 5S4
