Indigenous drummers from Toronto supporting the Garden River First Nation — one of the First Nations that challenged lawyers' fees in the Robinson Huron Treaty settlement — perform at the entrance of Ontario Legislature as they bring their historical land claim to Queen's Park in Toronto on Thursday, May 18, 2023. THE CANADIAN PRESS/Chris Young
Indigenous drummers from Toronto supporting the Garden River First Nation — one of the First Nations that challenged lawyers' fees in the Robinson Huron Treaty settlement — perform at the entrance of Ontario Legislature as they bring their historical land claim to Queen's Park in Toronto on Thursday, May 18, 2023. THE CANADIAN PRESS/Chris Young
OTTAWA - An Ontario court judge has ruled a $510 million legal fee for lawyers who worked on a First Nations treaty rights case was unreasonable — and has ordered the fee scaled back to $23 million.
"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," Justice Fred Myers wrote in his decision released Tuesday.
The Robinson Huron Treaty settlement, reached in 2023, sought to remedy unpaid treaty annuities for 21 First Nations.
It resulted in a $10 billion settlement, with five per cent of that amount going toward the lawyers who argued the case on behalf of the First Nations.
The First Nations said the fact that the $4-per-person annuity had not increased since 1874 breached the treaty, because resource extraction projects operating on their land had been generating profits that far exceeded what their members received.
Fifteen of those First Nations received less in the settlement than the lawyers working on their behalf did, the judge noted.
Garden River First Nation and Atikameksheng Anishnawbek launched a court application against the lawyers' fees last year, saying they were unreasonable and that the lawyers were pressuring them not to pursue independent reviews of the payment.
The other 19 First Nations involved in the case did not explicitly support their application to the court.
Myers wrote in his decision that the legal team did great work in arguing the case and "represented the clients zealously, resolutely, passionately, and with extraordinary success."
But their remuneration was out of line, he added.
"Lawyers in Ontario are entitled to fair and reasonable fees for their services. They are entitled to be well-compensated as agreed between them and their clients," Myers wrote.
"But lawyers are not their clients. The recovery from a lawsuit, whether by settlement or judgment, belongs to the clients."
In a document sent to community members and shared with The ºÃÉ«tv Press, Atikameksheng Anishnawbek celebrated the decision.
The First Nation said the excess sum from the fees is to be distributed to each of the 21 First Nations that signed the treaty.
This report by ºÃÉ«tvwas first published Oct. 29, 2025.