Francis LeBlanc was injured in a traffic accident when he was 17. He was successful in recovering damages for his injuries, but he had to borrow money to finance his litigation. He claimed the borrowed money plus interest as disbursements. The Clerk of the Court rejected the interest on the loans, which amounted to over $12,000. So did a New Brunswick trial judge.
However, Justice Drapeau of the N.B. Court of Appeal awarded Mr. LeBlanc his interest costs. He said,
“The loans granted …were essential to allow Mr. LeBlanc access to justice.” He further commented, “As the Chief Justice of Canada, the Honourable Beverley McLachlin, regularly reminds us, access to justice is one of the cornerstones of the rule of law, and it behooves courts, whenever possible, to do their part in fashioning means conducive to its improvement. Courts must walk the talk”.
LeBlanc v. Doucet and the New Brunswick Power Corporation, 2012 NBCA 88 (CanLII)