Legal team in Robinson-Huron Treaty annuities case appeals $510M legal-fee decision

A lawyer representing the legal team in the $10-billion Robinson Huron Treaty settlement says an appeal has been submitted after a Superior Court judge drastically reduced their legal fees by nearly half a billion dollars less than what was originally charged.

Ontario Superior Court Justice Fred Myers’ ruling in late October saw the team’s $510-million legal bill cut down to $23 million — nearly half a billion dollars less than what was originally charged.

In a statement to CBC News, Brian Gover, counsel for the firm Nahwegahbow Corbiere Genoodmagejig, said a notice of appeal was filed with the Court of Appeal on Friday. 

The legal team argues that the Superior Court of Ontario decision was “marred by erroneous findings and unwarranted assumptions,” said Gover. 

Atikameksheng Anishnawbek and Garden River First Nation challenged the original $510-million legal bill in May of last year. Both communities are part of 21 First Nations involved in the landmark annuities case. 

Gover said the legal team rejects Myers’ suggestion that the First Nation who hired them were “naive and ill-informed, a conclusion that echoes centuries of paternalistic attitudes toward First Nations.”

“The notice of appeal emphasizes that the vhiefs and trustees involved in reaching the fee agreement were experienced negotiators who drove a hard bargain and were well aware of what they were doing over the entire course of the litigation,” Gover said. 

After the final settlement was reached in 2023, the legal team donated half of its original $510-million fee — about $255 million — back to the communities to fund cultural and language programs.

Gover said the court ruling has thrown those plans into doubt. 

He also said the ruling failed to acknowledge the legal risks involved in the case.

“Judge Myers also found that the litigation was novel, immensely complicated and could easily have faltered along the way,” Gover said. 

“In fact, a Toronto law firm’s earlier attempt at securing justice for the First Nations had consumed seven years without a claim even being filed. Judge Myers praised the carefully-selected legal team that took over the litigation for their farsightedness in encouraging the creation of the Litigation Fund, an entity that was essential to the First Nations’ ability to pursue the litigation.”