Legal Fees Paid by Legal Aid Ontario

In June 2000, as a condition of receiving Legal Aid funding for the Reference before Justice Kauffman, Mr. Truscott signed a "direction on civil action" which gives to Legal Aid Ontario the right to recover the cost of his legal representation from any award of compensation that he might receive.

Mr. Truscott's counsel advise that the total amount of those legal fees up to and including the date that the Court of Appeal rendered its judgment is $990,000, of which I understand $200,000 was incurred in respect of the Kaufman Reference.

I am advised that Mr. Truscott's counsel have been in discussions with Legal Aid Ontario in an effort to determine whether Legal Aid intends to pursue its right of recovery against Mr. Truscott. As at the date of delivery of this report, Legal Aid has not advised of its position.

I wish to emphasize that the amount of compensation that I have recommended be paid to Mr. and Mrs. Truscott is exclusive of any amounts that he may be required to pay in the form of reimbursement to Legal Aid.

In my opinion, the $990,000 in legal fees should, like the compensation to be paid to the Truscotts, be shared equally by the federal and provincial governments.