Native school survivors' lawyer disbarred
Howard Tennenhouse took $950K in excess fees from 55 clients
CBC News
Posted: Feb 21, 2012 4:40 PM CST
Last Updated: Feb 21, 2012 5:36 PM CST
Related
Related Stories
A Winnipeg lawyer has been stripped of his licence to practise law because he overcharged 55 former residential school students of almost $1 million.
Howard Tennenhouse pleaded guilty on Tuesday to professional misconduct for taking more than $950,000 in excess fees from former students he represented in federal compensation claims.
Howard Tennenhouse, seen in September 2002, pleaded guilty on Tuesday to taking about $950,000 in excess fees from 55 former students of residential schools. (CBC)The Law Society of Manitoba, which disbarred Tennenhouse, said all former students will be reimbursed, either by Tennenhouse himself or by the society.
Allan Fineblit, the law society's chief executive officer, said half of the money has already been recovered and cheques will be going to the affected survivors as soon as possible.
"Many of these people are elderly, some of them are not in good health, and it's very important they get the money, like, right away," Fineblit told CBC News.
"Many of these people — getting in touch with them is difficult because they don't live in Winnipeg," he added. "Many of them don't have telephones. A lot of them don't speak English as their first language. So it may take a little bit of time."
Fineblit said he is confident that Tennenhouse will repay the remaining amount.
About 130 of the schools operated across Canada — excluding Newfoundland, Prince Edward Island and New Brunswick — from the 19th century. The last one was closed in 1996.
About 150,000 aboriginal, Inuit and Métis children were removed from their communities and forced to attend the church-run, government-funded schools, which aimed to assimilate them into European-Canadian society.
The federal government is in the midst of a $5-billion settlement agreement aimed at compensating some of the former students, also known as survivors.
Lawyers for the survivors are normally given a 15 per cent fee by the government on top of what their clients receive. Lawyers can seek additional fees from their clients of up to 15 per cent, but only with the approval of an adjudicator.
Adjudicator rejected extra fees
Tennenhouse, who had practised law in Manitoba since 1980, was suspended by the society last year after it was revealed he was taking payments beyond those permitted by the federal adjudicator.
"Mr. Tennenhouse appropriated fees to himself in excess of the amount payable by [the government of] Canada after those fees had been disallowed by the adjudicator," an agreed statement of facts read.
In two cases, Tennenhouse refused to respond to requests for information from adjudicators who inquired about his fees, according to the statement.
In some cases, he sent letters to clients advising them that the government had ruled they did not have to pay their fees, but added: "It was agreed upon between you and I that you would honour our agreement and would pay the 15 per cent from your proceeds."
Tennenhouse's licence was suspended last May when the investigation started, but he continued to act on behalf of some clients.
He told the law society's investigative committee "that he had not been meeting with … claimants when, in fact, he had met with four claimants in November 2011 and had completed and submitted their applications," according to the statement of facts.
Last fall, Tennenhouse repeatedly communicated with one of his clients who had complained to the law society "in an attempt to persuade him not to pursue his complaint."
With files from The Canadian PressShare Tools
Latest Manitoba News Headlines
- RCMP commissioner pledges to rid force of 'bad apples'
- The RCMP's disciplinary process is so bureaucratic and out of date that "bad apples" end up staying on the force long after they should be thrown out, RCMP Commissioner Bob Paulson says in a remarkably frank open letter to Canadians. more »
- Safety of photo radar cameras questioned
- Critics of photo radar in Winnipeg say there have been more vehicle crashes at intersections where red-light cameras were installed. more »
- Police officers on trial for obstructing justice
- Two Winnipeg police officers are on trial on charges of obstructing justice, accused of falsifying notes in a drug case from 2008. more »
- Truck traffic worries Lord Roberts residents
- Residents in Winnipeg's Lord Roberts neighbourhood are worried about the safety of their kids as construction projects send big trucks down their streets. more »
Top News Headlines
- RCMP commissioner pledges to rid force of 'bad apples'
- The RCMP's disciplinary process is so bureaucratic and out of date that "bad apples" end up staying on the force long after they should be thrown out, RCMP Commissioner Bob Paulson says in a remarkably frank open letter to Canadians. more »
- New Italian earthquake death toll rises to 9
- At least nine people are reported dead in a magnitude 5.8 earthquake that struck the same area of northern Italy stricken by another fatal tremor on May 20. more »
- B.C. police shooting video sparks calls for new probe
- Amateur video of the shooting of a mentally ill Vancouver man five years ago has prompted calls for B.C.'s police complaint commissioner and Crown prosecutors to take another look at the case. more »
- 'Engine shutdown' forced Air Canada jet to land
- A Japan-bound Air Canada Boeing 777 made an emergency landing at Toronto's Pearson airport on Monday, after one of its engines failed. more »
- Missing Winnipeg kids found in Mexico are back with mom
- Police officers on trial for obstructing justice
- Safety of photo radar cameras questioned
- Effects of CP Rail strike could linger past legislated end
- Outhouse bear attack survivor was grabbed from 'throne'
- RCMP commissioner pledges to rid force of 'bad apples'
- Teachers oppose letting parents opt kids from classes
- Neighbour may have helped find missing kids in Mexico
- Rail strikers not surprised by back-to-work legislation

