Toronto, April 13, 2007: Pickering lawyer, Michael Head, of Walker, Head recently presented a cheque for $19,500 to Pro Bono Law Ontario (PBLO), to be used to fund access to justice programming in Ontario.

The cheque represents a cy pres distribution from settlement awards that could not be distributed to class members named in Davies v. VIA Rail et al., a class action lawsuit successfully completed by Walker, Head.

Head, who is a past President of The Advocates' Society, didn't hesitate to recommend PBLO as a suitable recipient for any unclaimed funds in the case. "One of the key objectives of the Class Proceedings Act is the enhancement of access to Justice. PBLO struck me as the appropriate beneficiary of unclaimed funds. The Judge and other counsel agreed. There may be further unclaimed funds from this settlement in July, when a number of cheques posted to class members become stale dated," says Head.

PBLO Chair David Scott was pleased by the news-significant because it is the first cy pres to be awarded to PBLO. "We are grateful for the opportunity to use these funds to serve low-income clients," says Scott. "We are also grateful to Michael Head for approaching PBLO in 2006 with the idea to name the organization a cy pres beneficiary. Courts and trial lawyers in the U.S., have for years, been using cy pres awards to support programs that provide free legal services to the poor. It's time Canada caught up, and we hope that trial lawyers will follow the example Michael set."

Scott hopes to see a change to more awards going to low income legal services providers. "There are a number of worthy agencies across Canada providing free legal services to help low income clients who cannot afford the high cost of legal assistance and who do not qualify-for one reason or another-for provincial legal aid. I hope the courts will keep in mind that the underlying premise of class actions is to make access to justice possible for "the little guy" who otherwise couldn't afford to take a case to court. Channeling excess funds to programs that provide free legal services to help the same type of client is a perfect extension of this principle."

"Another untapped, court-based source that could help fund these initiatives is cost awards," says Scott. "If a lawyer takes on pro bono litigation on contingency - or is referred a case by a group like PBLO -- and costs are awarded, after paying for disbursements the balance should go to an organization like PBLO. Otherwise, if it goes back to the lawyer, it's no longer pro bono."

Pro Bono Law Ontario is a registered charity that promotes access to justice in Ontario by creating and promoting opportunities for lawyers to provide pro bono legal services to persons of limited means. Addressing the needs of unrepresented litigants has been a strategic priority for the organization for a number of years. For more information, visit www.pblo.org.