Ed Horne victims file suit against lawyers who represented them

Thirty-two victims of convicted pedophile Ed Horne, who reached a $15.5 million settlement withthe governments of Nunavut and the Northwest Territories in 2011, are now suing the lawyerswho represented them.

In a statement of claim filed with the Nunavut Court of Justice on Aug. 25, the complainants allegeGeoffrey Budden, Stuart Morris and the now-dissolved Budden Morris Law Offices, paidthemselves more than the 33.3 per cent they were entitled to from the settlement.

The complainants also allege they didn't receive any or all of a portion of the settlementthat wassupposed to be invested by the lawyers and paid out to the victims with interest. They also allegethat some who misplaced their chequeswere refused when they asked for new ones, even after thecheques were stale dated.

It's unclear exactly how much the complainants are seeking in losses and punitive damages. Noneof the allegations have been proven in court.

The complainants also argue the Contingency Fee Retainer Agreements (CFA) should be voided,because they allege the lawyers took advantage of a language barrier when they were signed.

When the lawyers went out into the communities to bring victims into the lawsuitagainst the governments, the lawyers took advantage of their "superior knowledge of the Englishlanguage and their legal knowledge, to persuade the [complainants] to sign the CFAs without fullyunderstanding them," the statement of claim alleges.

The complainants also argue they were charged in excess for the fees and disbursements of thesettlement, and when they brought it to the attention of Budden and Morris,the firm refused to reimbursethem and indicated they would resist any effort to get the money back.

James Morton is representing Budden and Morris and denied all the allegations against his clients.

"In the South, for straightforward and personal injury litigation, a lawyer might take 20 to 25 percent of the recovery," Morton said. "But that's not the Ed Horne situation at all. Ed Horne was a verycomplex, difficult and uncertain piece of litigation."

Morton said he plans to file a statement of defence within the next two months.

But in the meantime, another lawsuit could be in the works. In 2002, another group of Horne'svictims settled a $21.5 million lawsuit with the territorial governments. Last week, the complainants' lawyer AlanRegel was in anIqaluit courtroomfiling a motion to access Budden's files from the 2002 suit, which would suggestthepossibility of a second lawsuit against Budden.