Court of appeal rules taxpayers not on hook for deputy reeve’s legal bills

The province’s highest court has upheld a Jan. 2023 ruling denying former Rural Municipality of Sherwood councillor and deputy reeve Tim Probe’s statement of claim to have the RM reimburse his legal fees.

In the decision, published 10 days ago on Dec. 23, 2024, Justice J.A. Barrington-Foote noted that “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.”

According to the Court of Appeal judgement, Probe’s legal fees now amount to $333,741.48.

Probe was a councillor in the Rural Municipality of Sherwood, outside Regina, starting in 2007. It was about five years later when some legal problems occurred within the RM over a proposed community development.

He was also charged with breach of trust and corruption in connection with allegations that he did not recuse himself from a council vote. Before he was acquitted on those charges in 2018, he was removed from his council seat by court order.

Probe filed a statement of claim in April, 2022,  alleging that the RM was “Obliged to pay his legal fees.” However, a Court of King’s Bench judge disagreed.

The three court of appeal judges agreed that the judge in the initial case did not make any mistakes, when he decided that the RM didn’t have to pay Probe’s legal fees.

“The Chambers judge did not err when he decided that the RM did not have a statutory duty to reimburse Mr. Probe for the Fees. As a result, his claims in negligence and for breach of fiduciary duty must also fail,” said Barrington-Foote.

While Probe won’t be getting back his money for legal fees, in Jan. 2023, the former councillor and deputy reeve was awarded $27,150.00 for unpaid honorariums while he was still in office.