Manitoba Children's Special Allowance Class Action
Reviewed by Marty Mikhail, lawyer licensed by the Law Society of OntarioLast verified How we verify
Status
Claims openClaim deadline
(74 days left)
About this claim
If you were a provincially funded child in the care of a Manitoba Child and Family Services Agency (other than the Metis or Michif agencies) at any time between January 1, 2005 and March 31, 2019, you may be eligible for a cash payment based on how long and when you were in care. You do not need to live in Manitoba to file a claim. Eligibility is based on meeting the class definition, not on where you live today.
Who may be eligible
- You were a provincially funded child in the care of a Manitoba Child and Family Services Agency at any time between January 1, 2005 and March 31, 2019.
- If your agency was an Indigenous CFS Agency, only time in care from April 1, 2006 onward counts, because Manitoba did not start withholding benefits from those agencies until then.
- Children in the care of the Metis Child, Family and Community Services Agency or Michif Child and Family Services are covered by the separate Lafontaine class action, not this one.
- You do not need to live in Manitoba to file a claim.
- You do not need to remember which agency you were with or when. The Claims Administrator can look this up from CFS records.
- A parent, legal guardian, CFS Agency, power of attorney or estate representative can file on behalf of a child, an adult who cannot file themselves, or a class member who has died.
- Only one claim can be filed per person.
See the questions the eligibility checker asks
The checker asks these questions. Use the Check Eligibility button to answer them and see a result.
- Were you (or the person you represent) a child in the care of a Child and Family Services Agency in Manitoba?A child in care is also referred to as a Ward.
- Were you in care at any time between January 1, 2005 and March 31, 2019?
- Was your time in care ONLY with the Metis Child, Family and Community Services Agency Inc. or Michif Child and Family Services Inc.?Children in the care of the Metis or Michif agencies are covered by a separate class action; visit www.metiscsaclassaction.ca or call 1-877-835-4546.
Read more
This class action is about the Government of Manitoba's handling of Children's Special Allowance benefits, a federal payment meant to support children in the care of child welfare agencies. The lawsuits, known as the Flette and Lavallee class actions, concern Manitoba's actions and policies relating to the administration of these benefits paid for children in the care of Manitoba Child and Family Services agencies between January 1, 2005 and March 31, 2019.
On September 5, 2024, the Manitoba Court of King's Bench approved a settlement in which Manitoba will pay $445,200,000 to the class. Payments to each person are calculated based on how long, and when, they were in care. Because the total paid out depends on how many people file claims, exact individual amounts cannot be estimated in advance. A separate class action (the Lafontaine Class Action) covers children who were in the care of the Metis and Michif agencies over the same period.
How to Submit Your Claim
- Submit Onlinehttps://www.csasettlement.com/submit-a-claim
- Submit by Email[email protected]
- Submit by Mail1 - 554 St. Mary's Road, Winnipeg, MB, R2M 3L5
- Submit in Person1 - 554 St. Mary's Road, Winnipeg, MB, R2M 3L5
- Submit by Fax204-957-5195
Claim Administrator
- Exchange Solutions Inc.
- Phone (local)1-204-947-7101
- Phone (toll-free)1-844-947-7101
- Email[email protected]
- Websitehttps://www.CSASettlement.com
Class Counsel
- Cochrane Sinclair
- Phone1-204-594-6688
- Email[email protected]
- Websitehttps://cochranesinclair.ca
- DD West LLP
- Phone1-204-421-8655
- Email[email protected]
- Websitehttps://ddwestllp.com
Class members can get free help with their claim from the claims administrator listed above.
Settlement Notices
Opting out
Opting out means removing yourself from the class action. If you opt out, you keep your right to pursue your own individual claim against the defendants, but you will not receive any money or benefits from this settlement. If you do nothing, you remain a class member and are bound by the settlement.
The Claims Administrator made an Opt-Out Form available on its website with information about its purpose. The opt-out list was provided to Class Counsel by August 26, 2024, before the settlement was approved on September 5, 2024, so the opt-out window has closed.
Objecting
Objecting means staying in the class action but telling the court you disagree with something about the proposed settlement, such as the amount, the legal fees, or how the money is divided. The court considers objections when deciding whether to approve the settlement. Objecting is not the same as opting out: if you object, you remain a class member and are bound by the settlement if the court approves it.
The Claims Administrator made an Objection Form available on its website with information about its purpose. The list of objections was provided to Class Counsel by August 26, 2024, and the Court approved the settlement on September 5, 2024, so the objection process has ended.
Remind me before this claim closes
Drop in your email and you'll get two reminders before the Manitoba Children's Special Allowance Class Action deadline of : one 30 days out, one 7 days out. That's it. No account needed.
Frequently Asked Questions
How much money can I receive?
Payments are based on the number of months you were in the care of a CFS Agency between January 1, 2005 and March 31, 2019, using a monthly rate set for each year (roughly $227 to $541 per month). You receive 85% of your calculated amount once your claim is assessed. A further payment, up to the remaining 15% plus interest and an extra 25%, may follow after the claims period closes if money remains in the fund. If all of your placements were less than 30 days each, you receive a one-time payment of $150.
What is the deadline to file a claim?
Claim Registration Forms must be submitted by January 5, 2027. If you miss the deadline, your claim may be barred, although the Claims Administrator has limited discretion to accept late claims.
What documents do I need to file?
You need a copy of one piece of current, unexpired government-issued photo identification. If you do not have one, you can submit a Declaration of Guarantor for Proof of Identity Form instead. If your legal name has changed since you were in care, include a marriage certificate or name-change certificate. You do not need to prove your time in care. By signing the claim form, you authorize the CFS agencies and governments to share your records with the Claims Administrator, which will verify your placements for you.
When will I be paid?
The Claims Administrator assesses each claim and issues eligibility notices every Friday. Electronic payments are made about one week after the Notice of Eligibility, and cheques are mailed with the notice. Cheques must be cashed within six months or the money is returned to the fund. Eligible claimants may also receive an additional payment within nine months after the claims period ends on January 5, 2027, if money remains in the settlement fund.
What happens if the claimant is under 18 or has died?
If the claimant is under 18, any compensation is held in trust until they turn 18, when they will be given payment options. A legal guardian, the executor or administrator of an estate, a power of attorney, or a CFS Agency with care of the child can file on a class member's behalf, attaching proof of their authority. For a deceased class member, include the death certificate along with proof of probate or letters of administration.
What if I don't remember which agency I was with, or when?
You can still file. List the agencies and approximate dates if you know them, or check the box on Appendix B saying you are uncertain. The Claims Administrator will obtain your records from the CFS agencies, Manitoba and the Government of Canada. If your placement dates cannot be confirmed from any records, the procedure allows a deemed six-month placement so you are not left with nothing.
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