From $510 million to $23 million
GARDEN RIVER—A press conference was held on Thursday, October 30 at the Dan Pine Healing Lodge in Garden River First Nation, with Gimaa Craig Nootchtai of Atikameksheng Anishnawbek, Ogimaa-Kwe Karen Bell and Councillor Chester Langille of Garden River First Nation in attendance to speak about a landmark decision. The Ontario Superior Court of Justice ruled in favour of Atikameksheng Anishnawbek and Garden River First Nation, dismissing nearly half a billion dollars in legal fees charged to the Robinson Huron Treaty Litigation Fund (RHTLF). The ruling returns $487 million to the 21 First Nations of the Robinson Huron Treaty, marking what many tribal leaders are calling a “historic correction” to an unfair legal arrangement.
As the conference began, Chief Bell passionately spoke about the long road to this ruling, saying, “We were only ever asking for fairness across the board and transparency. This decision ensures that hundreds of millions of dollars will remain where they belong — with the beneficiaries, the people of the Robinson Huron Treaty Nations.” Chief Bell also expressed the transformational potential of these remitted moneys, stating, “Together, with this funding and these visions, we will be building a strong future rooted in integrity, accountability, and the spirit of our ancestors.”
When asked why she and the other dignitaries present took action, Chief Bell said, “As leaders, we are obligated to ensure we’re making the best decisions not only for our own two nations but for all the people who live within the Robinson Huron Treaty Territory.”
Word of the victory has been quick to travel. “Since the ruling, I’ve been inundated with emails, phone calls, and messages. Not just from our own community, but from nations across the region, saying miigwetch, thank you for stepping forward and pursuing this case. The result brings back wealth that rightfully belongs to our communities.”
On October 28, 2025, Justice Frederick Myers, who presided over the case, found that the $510 million in fees charged by six lawyers under a 2011 Partial Contingency Fee Agreement were “unfair and unreasonable.” In his ruling, he ordered the total amount reduced to $23 million, deeming this sum a fair payment for “excellent legal services.”
In the findings, Justice Myers wrote, “Lawyers in Ontario are entitled to fair and reasonable fees for their services. But they are not entitled to a piece of the action. A lawyer’s professional retainer is not a lottery ticket offering a bonus prize of generational wealth to the lawyers if the clients hit the jackpot and win a mega-award.”
The decision stems from the Restoule litigation, a decades-long legal battle to enforce the Crown’s obligations under the 1850 Robinson Huron Treaty. That Treaty promised the Anishinaabe peoples of the Lake Huron region annual annuity payments that would increase as Crown revenues grew.
In 2023, the federal and provincial governments reached a historic $10 billion settlement with the RHTLF to address those past breaches. But the enormous success was soon overshadowed by controversy over the ensuing legal fees RHTLF had been said to acquire.
The lawyers representing the RHTLF, many of whom are Indigenous, had negotiated a complex fee agreement dating back to 2011. Under its terms, the lawyers received half their regular hourly rate during the case, with the remainder to be paid as a “success fee” equal to five per cent of the total recovery in the event of a successful result. When the settlement reached $10 billion, that five percent translated to an astonishing $510 million.
Atikameksheng Anishnawbek and Garden River First Nation challenged the fee, saying that it violated the Solicitors Act, which requires that lawyers’ fees be fair, reasonable, and proportionate to the work and financial risk involved. Justice Myers agreed.
Chief Nootchtai spoke about how he and others involved in this process had attempted to remedy the situation through amicable means. Chief Nootchtai said, “Justice Myers really took into consideration our efforts to resolve this matter without having to go through the courts, and he incorporated that value into his decision.” Having faced a challenging and potentially very costly rebuttal to the demanded fees he said, “It wasn’t easy to stand up at first, but as a chief and a trustee, I knew it was my duty to represent the Robinson Huron Treaty beneficiaries and say, ‘We need to take a closer look at this.’ I’m glad the decision is now here.”
The Court acknowledged that the legal team had performed “extraordinary work” in achieving a settlement of such historic magnitude. However, Justice Myers noted that the lawyers had carried only limited financial risk, as their clients paid 75 per cent of the legal fees and costs over the course of the process. The six lawyers collectively had just $5.78 million in unpaid time at stake. Conversely, many First Nations took out loans that were secured against future revenues to pay the lawyers’ fees. Ultimately, the RHTLF paid more than $17 million in legal fees before the final settlement was reached, while the lawyers sought an additional $510 million, as per their original agreement. Chief Nootchtai said, “From the beginning, the issue was about ensuring we understood how much was going to the lawyers before distributing funds to our communities. We needed clarity and fairness.”
The official ruling was clear: “The $10 billion outcome belongs to the clients,” Justice Myers wrote. “The lawyers’ risk of $5.78 million allows for an additional $23 million fee, nearly double their full billable time. That is generous, reasonable and consistent with the honour of the legal profession.” He added that had he not ruled in this fashion, “15 of the 21 First Nations would have received less money than the lawyers under the fee arrangement. That cannot be fair or reasonable.”
Justice Myers reserved some of his sharpest criticism for the lawyers’ conduct following the settlement, finding that they discouraged clients from seeking independent legal advice and provided “incorrect and self-interested” guidance on approving the $510 million fee. He singled out lawyers Dianne Corbiere and David Nahwegahbow, both prominent members of the Indigenous bar, for crossing these ethical lines.
“Ms. Corbiere twice advised her clients that it was simply incorrect, expressly to pressure them to recognize her fees without obtaining independent legal advice,” Justice Myers wrote. “Mr Nahwegahbow acknowledged that he was in a conflict of interest when advising on the fees, but gave advice that was incorrect and self-interested.”
The Court concluded that the lawyers “acted completely unaware of the difference between their personal interests and the clients’ interests that they were duty-bound to protect.” The Court’s ruling also touched on the precarious nature of Anishinaabe and Ontario law. The lawyers had argued that Anishinaabe legal principles governed their agreement, citing values of reciprocity and honour tied to the original pipe ceremony that established the relationship. They even offered to “gift” half of their $510 million fee back to the communities for cultural and language programs—this would have still equated to a legal fee of $255 million.
Justice Myers found that the retainer agreement explicitly stated it was governed by Ontario’s Solicitors Act, not traditional law. “The deal expressed in the Partial Contingency Fee Agreement,” he wrote, “was that the Legal Team would be paid five per cent subject to section 28.1 of the Solicitors Act and the usual controls and protections available at law. That means the lawyers’ fees must always be fair and reasonable.” He added that Ms. Corbiere had also appealed to cultural ties by calling her clients “family” and invoking the sacred pipe ceremony that had blessed their working relationship, saying she “created false urgency to imperil the clients’ obvious priority to distribute the settlement funds.” On this matter, Chief Nootchtai was quick to comment, “Our next job is to ensure these funds are returned to the beneficiaries as quickly as possible. You can count on us to do that, and my council has given me their full support.”
While acknowledging the cultural significance of the pipe ceremony and the lawyers’ good intentions, Justice Myers stated that “money recovered for clients in litigation belongs to the clients.” Any fee above and beyond fair value, would amount to “champerty,” an ancient common-law doctrine prohibiting lawyers from profiting from the outcome of litigation beyond reasonable remuneration.
For the applicants, the ruling represents a significant victory, not only financially but also morally.
“For years, we have been urging the Robinson Huron Treaty Litigation Fund and the Legal Team to have the legal fees assessed,” said Chief Craig Nootchtai. “We are proud to receive this decision from the Court, which will transfer hundreds of millions of dollars from the hands of six lawyers to the 21 First Nations of the Robinson Huron Treaty.”
Chief Karen Bell added, “We are delighted to receive this decision from the Ontario Superior Court of Justice, which affirms our long-standing position that the RHTLF was overcharged in legal fees. The return of these funds to the proper rights holders will have transformative impacts on our communities.”
Councillor Chester Langille agreed, saying, “We went to Court to protect the rights and interests of the beneficiaries. We are grateful that they will now receive what is rightfully theirs.” He added, “It’s imperative that we always act on behalf of the people. When the legal team ends up receiving more than 16 of the 21 First Nations, that’s something that must be questioned.” Councillor Langille added, “We wanted transparency, and we wanted an independent legal opinion on the fees. We were never given that opportunity before the vote took place, and we felt it was our duty to fulfill our own due diligence.”
The Court’s decision has significant implications for the use of fee arrangements in Indigenous and public-interest litigation. Justice Myers emphasized that while lawyers may be entitled to success bonuses, those bonuses must be proportional to the value, risk, and time invested, but not the size of the settlement itself. “The integrity of the legal profession requires that lawyers’ fees remain fair, reasonable and proportional,” he wrote, citing recent appellate guidance that warned against “unseemly, disproportionate, champertous windfalls” in so-called “mega-fund settlements.” He added that Ontario’s legal system allows contingency fees to ensure access to justice, but “not as a means for lawyers to participate in their clients’ winnings.”
The six lawyers named in the ruling include David Nahwegahbow, Dianne Corbiere, Roger Jones, Mark Stevenson, Donald Worme and Connie Addario, who represent some of the country’s most prominent Indigenous rights lawyers. Justice Myers was clear that the decision should not detract from their historic achievement in advancing the Treaty rights of the Anishinaabe peoples. “The Legal Team did great legal work,” he wrote. “Its member lawyers represented the clients zealously, resolutely, passionately, and with extraordinary success. Apart from issues when dealing with its own remuneration, the Legal Team acted in the best traditions of the independent bar of Ontario.”
Nonetheless, the Court’s findings are bound to send waves through the legal and Indigenous communities. The Law Society of Ontario may review aspects of the case, and several First Nations leaders have called for new safeguards to ensure transparency in any future high-stakes litigation.
Justice Myers ordered that the overcharged $487 million be returned to the Robinson Huron Treaty Litigation Fund. Those funds will now be distributed among the 21 First Nations, representing roughly 40,000 beneficiaries across Northern Ontario. According to recent estimates, the repayment could translate to millions of dollars for each Nation. The Court also assured that ongoing litigation regarding future annuity payments under the Treaty remains unaffected by the ruling. The Robinson Huron Treaty Litigation Fund will continue to represent the collective interests of the First Nations in ensuring that the Crown honours its Treaty obligations going forward.
Over the course of the press conference, the sentiment of thanks was hard to miss. Chief Nootchtai remarked, “I want to thank all the beneficiaries who attended the hearings, many at their own expense, and those who watched online and supported us. Your presence and encouragement meant a great deal. Miigwetch.” He was also quick to extend his appreciation to the unsung heroes who’d helped in making this ruling a reality “A big thank you to our legal team from McCarthy Tétrault, Michael Rosenberg, Alana Robert and Greg Riggs who all did a fantastic job framing what this case was truly about: transparency, accountability and determining what a fair and reasonable legal fee should be.”
Councillor Langille echoed these sentiments, adding, “Our new legal team brought a greater understanding of the issues as Anishinaabe people themselves, and that perspective helped move this matter toward a successful resolution.”
Chief Bell was also quick to extend her thanks to former chiefs, such as Andy Ricker, as well as previous leadership who had taken up the fight long before their involvement in the issue, expressing the collective efforts which were needed to achieve this victory.
Brian Gover, counsel for the firm Nahwegahbow Corbiere Genoodmagejig told CBC News that an appeal in the case is being contemplated.
