A the judge agreed to reassess Robinson Huron Treaty legal fees after a legal challenge by the Atikameksheng Anishnawbek and Garden River First Nation called into question the $510 million charged by the legal team that handled the $10 billion treaty annuities case .

Chiefs of both First Nations, Gimaa Craig Nootchtai and Chief Karen Bell, respectively, have filed a challenge against lawyers representing the Robinson Huron Treaty Litigation Fund, Nahwegahbow Corbiere Genoodmagejigstating that the cost should only be about $44 million.

The case was heard in Toronto on July 30 by Superior Court Judge Jana Steele. More than 1,000 people attended virtually, as did about 100 in person.

Steele ruled that not only should legal fees be reassessed, but that the assessment should be made by a judge.

“Given the magnitude of the legal fees and the fact that legal issues are likely to be considered in the assessment, the assessment will be made by the Court,” she wrote in her decision.

The two nations contested that the lawyers who handled the treaty annuity case, which led to the $10 billion settlement that made its way to the 21 treaty communities across the Northland, advised neither RHTLF nor 21 communities their opportunity to seek independent legal advice.

Steele disputed that. “I am concerned that, given the significant number of beneficiaries within the Trust who are affected by … (by) the decision to pay the contingency fee in substantial part without any independent legal advice as to the reasonableness of the charge, the failure to review of legal fees by the Court may erode public confidence in the administration of justice,” she wrote in her decision.

H. Michael Rosenbergcounsel for the two plaintiff First Nations, Atikameksheng Anishnawbek and Garden River First Nation, argued that not only were the nations without independent legal counsel when deciding whether legal fees were fair, but he said the $10 billion annuity settlement dollars is considered a “mega fund class action” that has clear rules under the law.

In his remarks, Rosenberg said there is a formula to determine a fair and reasonable fee for a settlement “so large that it exceeds the amount of the attorney’s fees on an hourly rate basis,” he said.

Rosenberg told the court that fees for these mega-fund settlements should be assessed by the court under established law, “designed to prevent lawyers from turning lawsuits into lottery tickets.”

RHTLF Defendant Counsel, Peter Wardle and Evan Rankinas well as counsel for Nahwegahbow Corbiere’s lawyers, Brian Gover and Dan Goudge.

They argued that not only was the price fair, but that they had freely accepted the majority of First Nations under the treaty: 19 of the 21 signatories.

A statement from the Garden River First Nation and the Atikameksheng Anishnawbek, which was shared on social media, calls the decision “a huge victory” because it could lead to more funds distributed to treaty nations.

“We are relieved and feel vindicated,” the statement said. “Throughout this legal process, Atikameksheng and Garden River have always demanded transparency and accountability and today, we feel that justice has been served and will continue to be served.”

Judge Steele will hold a case conference with the parties on November 6 to schedule the next steps in the trial.

Jenny Lamothe covers court for Sudbury.com