A Lawyer’s Retainer is Not a Lottery Ticket: Nootchtai v Nahwegahbow Corbiere Genoodmagejig Barristers and Solicitors – JFK Law LLP
November 4, 2025
On October 28, 2025, Justice F.L. Myers of the Ontario Superior Court released an important decision on fair and reasonable legal fees in Ontario. The decision sets a precedent on the lawyers’ contingency fees in the context of “mega-fund” settlements.[1]
In this case the Applicants represent Atikameksheng Anishnawbek and Garden River First Nation (the “Applicant Nations”).[2] The Applicant Nations asked the Court to review the legal fees claimed by the six lawyers (the “Legal Team”) that represented the Robinson Huron Treaty Litigation Fund (the “Fund”) in litigation at the Ontario Superior Court of Justice. This litigation concerned the Crown’s obligations under the Robinson Huron Treaty of 1850. The Applicant Nations are two of the 21 First Nations who are beneficiaries of the Fund.
