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ARTICLE · 25 JUNE 2015

Adverse Costs In Pro Bono Litigation: The SCC Weighs In

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Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn't commit.

CanadaLitigation, Mediation & Arbitration
Nina Butz
Nina Butz
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Réjean Hinse was wrongfully imprisoned for 15 years for a crime he didn't commit. Though he was granted parole, he was only acquitted after 30 years and a successful appeal to the Supreme Court of Canada. Hinse sued the federal and Quebec governments and the town of Mount-Laurier for damages arising from his wrongful conviction. Hinse's lawyers acted pro bono. He settled with the municipal and Quebec governments for $5.5 million but continued to claim damages from the federal government. In 2011, the trial judge awarded him $5.8 million, including $440,000 for the value of the legal services provided by his pro bono lawyers. The trial judge relied on the Ontario Court of Appeal's decision in 1465778 Ontario Inc v 1122077 Ontario Ltd, in which the Court held there is no prohibition on an award of costs in favour of pro bono counsel, even in private actions (Bennett Jones' Jeffrey Leon was counsel to the Advocates' Society).

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