Federal Court decreases class counsel fees in $1.9B Indigenous boarding home class action settlement – Law 360

Law360 Canada (January 7, 2025, 9:52 AM EST) — The Federal Court has decreased requested class counsel fees of $50 million to $32.5 million in relation to the $1.9 billion settlement regarding the class action for Indigenous boarding home survivors, citing significantly less risk as compared to previous settlements.

“This case appears to be the first time that Canada has agreed to pay counsel fees without affecting compensation, where the amount was not negotiated — either in part, within a certain range, or up to a cap — as part of a settlement agreement,” wrote Justice Peter George Pamel, as one of his last decisions before retirement.

Percival v. Canada, 2024 FC 2098, released Dec. 27, related to the approved settlement agreement of the Indian Boarding Home Program class action. From 1951 to 1992, Indigenous children were taken from their families and placed in boarding homes to attend school.

Read More: https://www.law360.ca/ca/articles/2280251