Former councillor unsuccessful in bid for RM of Sherwood to cover $300K in legal costs
Dispute that began in 2014 may have finally come to an end after unanimous decision by trio of judges
A former councillor for the Rural Municipality of Sherwood will be required to cover the more than $333,000 in legal fees he racked up in office, according to a decision by the Saskatchewan Court of Appeal.
Tim Probe had argued that the RM of Sherwood, which surrounds Regina, was obligated to pay the legal fees associated with a series of proceedings he was forced to defend himself against.
Court of King's Bench Justice John Morall rejected that argument in 2023 and a unanimous appeal decision issued late last month confirmed the ruling was appropriate.
"Mr. Probe, not RM taxpayers, will have to bear the legal costs that he incurred as a result of his involvement in this unfortunate series of events," wrote Justice Brian Barrington-Foote in the appeal decision.
Probe's efforts to recoup legal costs tied to five administrative, criminal and civil proceedings are tied to a proposed development in the RM of Sherwood known as Wascana Village.
A provincial inquiry into that development launched in 2014 saw the councillor hire legal representation that eventually cost $49,998.98.
He would then incur $52,724 in legal costs fighting the RM's efforts to claw back a reimbursement for those fees. A 2020 settlement eventually saw Probe pay back $30,195.
Then in October 2016, he was charged criminally with a breach of trust and municipal corruption. He would eventually be acquitted on both charges after a 2018 trial. The Crown appealed the original decision, a new trial was ordered and Probe was once again acquitted in 2021.
Probe racked up $197,145.57 in legal fees fighting those criminal charges.
During a separate proceeding in 2017, Probe was found in breach of conflict of interest legislation.The next year a court ordered him disqualified from council and his seat was vacated. Probe would appeal, then withdraw the case after incurring another $26,076.93 in fees.
In April 2022, Probe filed a claim in the Court of King's Bench attempting to force the RM to reimburse all of the fees.
The complaint was eventually amended to seek a reduced amount of $333,741.48, with Probe arguing that the RM was obliged to pay his legal fees and that the RM acted negligently and breached its fiduciary duty and contract.
All of Probe's claims were rejected in the initial Court of King's Bench trial and the appeal judges found there were no errors in that decision. As a result the appeal was dismissed.
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