$510m In Lawyers’ Fees In Treaty Case Unreasonable, Judge Says - Beritaja

An Ontario tribunal judge has ruled a $510 cardinal ineligible interest for lawyers who worked connected a First Nations pact authorities lawsuit was unreasonable — and has ordered the interest scaled backmost to $23 million.

“A lawyer’s master retainer is not a lottery summons offering a prize prize of generational wealthiness to the lawyers if the clients deed the jackpot and triumph a mega-award,” Justice Fred Myers wrote successful his determination released Tuesday.

The Robinson Huron Treaty settlement, reached successful 2023, sought to remedy unpaid pact annuities for 21 First Nations.

It resulted successful a $10 cardinal settlement. Five per cent of that sum went to the lawyers from Nahwegahbow Corbiere Genoodmagejig/Barristers & Solicitors who based on the lawsuit connected behalf of the First Nations.

The First Nations said the truth that the $4-per-person annuity had not accrued since 1874 breached the treaty, because assets extraction projects operating connected their onshore had been generating profits that acold exceeded what their members received.

Fifteen of those First Nations received little successful the colony than the lawyers moving connected their behalf did, the judge noted.

Garden River First Nation and Atikameksheng Anishnawbek launched a tribunal exertion against the lawyers’ fees past year, saying they were unreasonable and that the lawyers were pressuring them not to prosecute independent reviews of the payment.

The different 19 First Nations progressive successful the lawsuit did not explicitly support the exertion to the court.

Myers wrote successful his determination that the ineligible squad did awesome activity successful arguing the lawsuit and “represented the clients zealously, resolutely, passionately, and pinch bonzer success.”

But their remuneration was retired of line, he added.

“Lawyers successful Ontario are entitled to adjacent and reasonable fees for their services. They are entitled to beryllium well-compensated arsenic agreed betwixt them and their clients,” Myers wrote.

“But lawyers are not their clients. The betterment from a lawsuit, whether by colony aliases judgment, belongs to the clients.”

Myers besides wrote that lawyers pinch the First Nations-owned patient Nahwegahbow Corbiere Genoodmagejig advised the First Nations against seeking a ineligible reappraisal of the $510 cardinal successful fees.

Myers wrote that successful the early years of the case, lawyer David Nahwegahbow told the First Nations they would person to find caller lawyers to reason connected their behalf if a negotiated interest was not reached.

He besides said arsenic discussions about the interest were heating up aft the colony successful 2023, lawyer Dianne Corbiere warned the First Nations during a gathering that payments to their communities would beryllium delayed if they sought an extracurricular sentiment connected the $510 million.

“Ms. Corbiere advised the gathering further that though different lawyers whitethorn person different views connected their fees, the ineligible squad were their ‘family members’ and were looking to resoluteness their fees successful accordance pinch Anishinaabe law,” Myers wrote.

“Ms. Corbiere did not counsel the gathering that she was acting successful a conflict of liking successful purporting to counsel the fund, the trustees, and the chiefs about her and her team’s ain fees.”

BERITAJA has reached retired to the patient for remark but has not yet received a response.

In a archive sent to organization members and shared pinch BERITAJA, Atikameksheng Anishnawbek celebrated the decision.

The First Nation said the excess sum from the fees is to beryllium distributed to each of the 21 First Nations that signed the treaty.

Some First Nations promised organization members a 100 per cent payout of the costs the organization won, while others opted for a partial distribution mounting speech immoderate money for early organization development, programming and litigation.

When the 2 First Nations first brought guardant the exertion to reappraisal the lawyers’ fees, Robinson Huron Treaty signatory descendants were divided connected whether that was the correct choice.

Scott McLeod, the erstwhile main of Nipissing First Nation and existent location main for Anishinabek Nation, said he expects the determination released Tuesday will ignite further debate.

McLeod, who was progressive successful the lawsuit arsenic it was being settled, told BERITAJA the debacle could person been avoided if chiefs had taken attraction to make judge the ineligible fees they agreed to were adjacent and reasonable.

“You besides person to understand the immense, immense magnitude of unit that activity was nether from organization to person this settled and to person money distributed to membership,” he said.

“That benignant of unit leads to mistakes, and possibly (there was) not capable clip fixed to clear (our) thoughts and decision-making.”

He yet lays the blasted astatine the feet of the provincial and national governments.

“If you starve a room afloat of group and past propulsion immoderate nutrient successful the room aft a agelong play of time, it’s very difficult for those group to make patient, logical decisions,” he said.

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