Former RM of Sherwood councillor on the hook for legal fees after appeal dismissed

Michael Bell/Regina Leader-Post. The Saskatchewan Court of Appeal has dismissed the appeal of Tim Probe, a former RM of Sherwood councillor who took the RM to court partly in an attempt to recover a large amount of legal fees.

Brandon Harder, Regina Leader-Post

Saskatchewan’s highest court has unanimously dismissed the appeal of Tim Probe, a former Rural Municipality (RM) of Sherwood councillor who sought to recover more than $300,000 in legal fees.

Over the course of a long and multi-faceted legal saga, Probe was twice found not guilty of criminal breach of trust. Over time, he paid lawyers to represent him in various administrative, civil and criminal proceedings, all of which related in some way to his work for the municipality (the RM of Sherwood surrounds the city of Regina).

Probe took the RM to court, looking to recuperate the legal fees and honorariums he felt were owed.

In early 2023, a Court of King’s Bench judge largely denied his attempt to recover the money, ordering the RM to pay Probe only $27,150 in honorariums.

Not satisfied, Probe appealed that judge’s decision. And now that it has been dismissed, he’s on the hook for even more fees to cover legal costs associated with the appeal, which he has been ordered to pay to the RM.

“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 Saskatchewan Court of Appeal Justice Brian Barrington-Foote.

The appeal decision, dated Dec. 23, was written by Barrington-Foote, with Chief Justice Robert Leurer and Justice Neal Caldwell in agreement.

The three judges heard the case, including Probe’s arguments, and studied the decision of the lower court judge that Probe was appealing.

Ultimately, none of Probe’s arguments succeeded.

“In the result, I would dismiss the appeal,” Barrington-Foote wrote.

Probe’s legal issues began with a proposed development called Wascana Village, the origins of which date back to 2012.

The former RM councillor sought repayment for costs associated with legal representation at an inquiry into that proposed development. The final report of Justice Ronald Barclay, who conducted the inquiry into the RM’s proposed development, indicated “horrendous” conflict of interest issues and led to the removal of a reeve.

Probe also sought repayment for money he paid lawyers while fighting the RM’s efforts to claw back a full reimbursement he initially received on that front.

In October 2016, he was charged criminally with breach of trust and municipal corruption. The criminal charges stemmed from a recorded conversation in which the Crown alleged Probe was offering to trade votes with another member of the RM council in order to secure a favourable vote on the reimbursement of legal fees relating to the aforementioned inquiry.

In a separate proceeding in 2017, he was found in breach of conflict of interest rules in the Municipalities Act. The following year, a court ordered him disqualified from council as a result. He appealed but then abandoned his appeal, having racked up legal fees for which he also sought repayment.

Probe was not paid his councillor honorariums from October 2016 to January 2018. While he didn’t attend meetings, he did work in some capacity. As noted, the RM was later ordered to pay him honorariums.

In 2018, he was acquitted of the criminal charges relating to his work. The Crown appealed the breach of trust acquittal, a new trial was ordered and Probe was again acquitted in 2021.

He sought reimbursement for the legal fees associated with the criminal cases.

According to the appeal decision, Probe’s statement of claim filed in the lower court, “as amended,” sought the recovery of $333,741.48 in fees.

bharder@postmedia.com

— with files from Heather Polischuk and Austin Davis

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