Judge agrees $510M legal bill for Robinson Huron Treaty case should be reviewed

A judge has ruled that a $510 million legal bill in the landmark $10 billion Robinson Huron Treaty settlement should be reviewed.

Atikameksheng Anishnawbek and Garden River First Nation Nations went to court in July seeking to have the legal bill significantly reduced.

A judge has ruled that a $510 million legal bill in the landmark $10 billion Robinson Huron Treaty settlement should be reviewed. (File)

Justice Jana Steele of the Superior Court of Justice released the decision Oct. 30. Steele ruled that the court should reassess the legal bill, and that the settlement funds were the assets of the Robinson Huron Treaty Litigation Fund (RHTLF).

"Atikameksheng and Garden River First Nation are asking the court to order that the legal fees be significantly reduced, resulting in more funds being returned to all 21 RHT First Nations," the group said in a news release Nov. 4.

It said Steele's decision will reduce what it described as the largest legal bill in history.

"This is a huge victory for all RHT Anishinaabeg because the assessment will seek a significant reduction in the legal fees, resulting in more settlement funds being distributed to the 21 RHT Nations."

In her decision, the judge said a major concern was that the Litigation Management Committee (LMC) didn't obtain independent legal advice on whether the fee was fair.

"I am concerned that given the significant number of beneficiaries under the trust who are impacted by the LMC and majority of the RHTLF trustee decision to pay the sizeable partial contingency fee without any independent legal advice on the reasonableness of the fee, failure to have the legal fees reviewed by the court may erode confidence in the administration of justice," she wrote.

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A case conference has been scheduled for Nov. 6 to determine the next step in the process.

"We feel gratified by the court’s decision in favour of Atikameksheng Anishnawbek and Garden River First Nation," the release said.

'Feel vindicated'

"With this decision, we are relieved and feel vindicated. Throughout this legal process, Atikameksheng and Garden River have always asked for transparency and accountability and today, we feel that justice has been served and will continue to be served."

While ruling the fees should be reviewed, Steele said in her decision that she was not ruling whether the fee was reasonable.

"The primary issue before me was whether the applicant parties could seek an assessment of the legal fees," she wrote in her decision.

The $10 billion settlement was reached in January of this year, with the federal and provincial governments each paying $5 billion.

The $510 million fee was announced in April and was paid in May.