The Ontario Supreme Court rules in favor of Garden River First Nation and Atikameksheng Anishnawbek, who challenged the lawyer’s bill earlier this year
Garden River First Nation and Atikameksheng Anishnawbek say they are pleased with a recent court ruling awarding an assessment on the $510 million in legal fees paid out in the lawsuit over a treaty annuity claim that led to the historic settlement of the $10 billion Robinson Huron Treaty.
The ruling in favor of the two Northern Ontario communities was handed down by the Ontario Superior Court late last week.
“With this decision, we are relieved and feel vindicated,” the First Nations said in a joint statement released this week. “Throughout this legal process, Atikameksheng and Garden River have always called for transparency and accountability, and today we believe that justice has been served and will continue to be served.”
Garden River First Nation Chief Karen Bell and Atikameksheng Anishnawbek Chief Craig Nootchtai took the case to court on behalf of their First Nations in July. arguing that legal costs should be reassessed after the Robinson Huron Litigation Fund (RHTLF) overpaid attorneys by more than $400 million.
A $10 billion settlement for 21 First Nations in Robinson Huron Treaty territory was finalized earlier this year with Canada and Ontario after a lengthy court battle over annual treaty payments, which have remained frozen at $4 per person since 1875 .
The First Nations reached a settlement with Canada and Ontario last year after a lengthy court battle over past annuities.
After news of the lawsuit by Garden River and Atikameksheng broke, RHTLF Nahwegahbow Corbiere Genoodmagejig Barristers & Solicitors in Rama, Ont., said agreed to set aside $255 million – or half – of legal costs for advocacy work in the treaty area, including future legal proceedings.
When the case was heard in court last July, Michael Rosenberg – the lawyer representing both Garden River and Atikameksheng – argued that the RHTLF’s Litigation Management Committee (LMC) had failed to obtain an independent legal opinion on the ‘ largest contingency fee in the legal world’. history,” – with chiefs and administrators being pressured to approve the attorney’s bill out of fear that the distribution of settlement proceeds would be delayed.
Justice Steele reserved its decision during the hearingwhich was heard in a packed Toronto courtroom, where at one point more than 1,000 people watched the proceedings remotely.
In her written decision, Steele agreed with the applicants that a review of legal fees under sections of the Solicitors Act could be enforced, despite these fees having already been paid.
“I am concerned that given the significant number of beneficiaries under the trust who are affected by the LMC and the majority decision of the RHTLF trustee to pay the significant partial contingency fee without any independent legal advice as to the reasonableness of the fee, the inability to The legal costs assessed by the Court may erode public confidence in the administration of justice,” Steele wrote.
Judge Steele will hold a case conference with the parties on November 6 to plan the next steps to begin the review process.