Background
- Class action concerning abuse at the Manitoba Developmental Centre (MDC) from 1951 to 2020.
- Class includes MDC residents alive as of October 31, 2016.
Settlement Agreement
- Fund: $17 million.
- Compensation:
- "A Claimants": $3,000 with affirmation of harm.
- "B Claimants": $4,500 - $85,000 for severe harm.
- Administration: Managed by RicePoint Administration Inc., with Irene Hamilton as claims supervisor.
- Legal Fees: $4.2 million plus taxes and disbursements to class counsel.
- Representative Honourarium: $15,000 to David Weremy.
- Reconciliation:
- Legislative apology.
- $1 million endowment fund for community projects.
- $150,000 for counseling.
- Memorial and archival initiatives for MDC.
Court’s Findings
- Fairness: Settlement deemed fair, reasonable, and beneficial for the class, offering timely compensation.
- Discovery: Extensive discovery (68,000 documents) ensured well-understood cases.
- Negotiations: Conducted without collusion, including a Judicially Assisted Dispute Resolution Conference.
- Legal Fees: 25% of the settlement fund, considered fair due to the complexity and risks involved.
- Honourarium: Recognized Weremy’s significant efforts beyond typical expectations.
Conclusion
The court approved the settlement, legal fees, and honourarium, confirming the agreement was reasonable and addressed class members' needs effectively.