A Winnipeg man who was wrongfully convicted of murder, and served 23 years in prison, is suing his former lawyers for allegedly blowing his compensation lawsuit.
“Everybody thinks my case is finished. My case is not finished, it’s not over. I’m going after them, I’m going after them all, legally,” said Frank Ostrowski on Tuesday. “It’s not finished until I die or I win.”
Ostrowski, 74, was convicted of first-degree murder in 1987 after being accused of orchestrating the cocaine-trafficking-related shooting death of 22-year-old Robert Nieman. He was sentenced to life in prison with no chance of parole for 25 years.
JOE BRYKSA / WINNIPEG FREE PRESS FILES Frank Ostrowski, 74, served 23 years in prison after being wrongfully convicted of murder in 1987.
In 2018, nine years after he was released on bail pending a federal review of his case, the Manitoba Court of Appeal stayed Ostrowski’s conviction. It ruled that an undisclosed prosecution deal with a police informant, among other undisclosed evidence, had resulted in a miscarriage of justice.
In 2020, Ostrowski filed a lawsuit against 12 defendants involved in the 1987 court case, including the federal attorney general, a retired Manitoba judge, retired defence lawyer and former Winnipeg police chief Herb Stephen. The $16-million lawsuit claimed they had “wilfully disregarded” Ostrowski’s constitutional right to make full answer and defence to the charges against him.
However, a Court of King’s Bench judge ruled two years later that Ostrowski had taken too long to pursue legal action against nearly all of the people he sued. The Manitoba Court of Appeal later upheld the ruling.
Ostrowski, and his new lawyers, Joe Aiello and Franco Aiello, filed a new lawsuit on Dec. 22 against the lawyers who represented him in the 2020 case. They argue those lawyers breached their contracts and were negligent.
Ostrowksi told the Free Press he is seeking $16 million in damages, the same amount as in the previous lawsuit.
“We lost $16 million because they were negligent, so we’re going after $16 million,” he said.
The new defendants include Winnipeg firm PKF Lawyers and lawyer Thomas G. Frohlinger, as well as Windsor, Ont. law firm Strosberg Sasso Sutts LLP and two of its lawyers.
On Tuesday, Frohlinger said he had not been served notice of the suit or advised by Ostrowski’s new lawyers that the claim would be filed. “I anticipate that a full defence will be filed on our behalf in due course,” Frohlinger said.
Lawyers from the Windsor law firm did not comment Tuesday.
Ostrowski’s new claim argues his former lawyers should have advised him about the limitation period and that they failed to file suit against the province and two Crown attorneys in the 1987 case. He argues their actions deprived him of another way to obtain compensation, among other points.
“The defendants held themselves out as knowledgeable, competent practitioners who practised in the area of civil litigation and specifically lawsuits in the area of wrongful convictions,” reads the Dec. 22 claim.
Ostrowski claims as a result of the lawyers’ alleged breach of contract and negligence, he was significantly damaged, including by losing his right to obtain damages from the civil defendants and the provincial government.
His lawsuit alleges he has lost the right to be vindicated and compensated, he has missed out on past and future income and has suffered humiliation and mental anguish.
“The justice system failed Mr. Ostrowski. He suffered, and continues to suffer, from extensive damage, anguish, frustration and physical and psychological harm as a result of an unfair trial and miscarriage of justice orchestrated by the civil defendants and the provincial Crown,” the court papers read.
“Mr. Ostrowski then turned to the defendants and relied upon on their professional skill… in breach of their contract with Mr. Ostrowski, and/or negligently, the defendants failed to… properly advocate for and represent Mr. Ostrowski’s best interests.”
No statements of defence have been filed.
Erik Pindera
Reporter
Erik Pindera reports for the city desk, with a particular focus on crime and justice.
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