Published Jan 19, 2026 • Last updated 4 minutes ago • 5 minute read

Garden River First Nation members attend an information session on the Robinson Huron Treaty legal fees challenge and the appeal process. Photo by Elaine Della-Mattia /The Sault Star

Lawyers for two First Nations say they “feel quite good” that an appeal court will agree that a judge made the correct decision in reducing legal fees charged by six lawyers who worked on the historic Robinson Huron Treaty Litigation Fund (RHTLF) settlement.

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Garden River First Nation and Atikameksheng Anishnawbek First Nation’s lawyers Michael Rosenberg and Greg Ringkamp, partners at McCarthy Tetrault LLP, met with beneficiaries Monday to update them on the legal proceedings and answer their questions.

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In the fall of 2025, an Ontario Court judge ruled that the $510 million in legal fees charged by lawyers for the RHTLF settlement was excessive.

Justice Fred Myers ruled that the legal fees charged by the lawyers who achieved the final deal should be reduced to $23 million, the remainder of the money to be held in a trust, pending any possible appeal, and eventually returned to the 21 First Nation communities.

The two first nations were the only ones of the 21 entitled to the Robinson Huron Treaty money who challenged the legal fees paid to lawyers in the historical annuities case that resulted in a $10-billion settlement. They were also awarded costs to ensure they would not be out of pocket for the legal expenses they incurred for the legal cost challenge since it was a service that benefited all the communities.

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The other 19 First Nations communities were not part of the legal fees appeal but will reap the benefits when the money is returned to the communities and their beneficiaries.

“We feel quite good. The findings of Justice (Fred) Myers were very strong,” Ringkamp told the packed gymnasium at the Garden River First Nation Recreational Centre of the appeal filed by the lawyers.

The information session, also being live streamed, drew about another 225 viewers. It was open to all the beneficiaries from the 21 First Nations communities.

Rosenberg told media prior to the formal information session that “Atikameksheng and Garden River have been entirely successful. They will be responding to the appeal,” he said. “It is important to note that the lawyers are standing alone in this appeal. The litigation management committee decided not to participate in this appeal.”

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Michael Rosenberg, of McCarthy Tetrault LLP, met with Garden River First Nation beneficiaries on Mon. Jan. 19, 2026 to update them on the legal proceedings and answer their questions. Photo by Elaine Della-Mattia /The Sault Star

He said that means the appeal is no longer about First Nation sovereignty, but instead simply about more money for six lawyers who are now seeking $255 million, down from the initial $510 million but still far greater than the awarded $23 million.

Rosenberg said the initial contingency fee authorized in 2024 was $510 million, of which the lawyers sought to return $255 million for a number of Anishinabek purposes that would benefit the Robinson Huron Treaty, including possible future litigation.

“That was characterized as a gift, and that gift was reversed when the fees were ultimately reduced to $23 million. They couldn’t give money that they didn’t have in the first place,” he said. “So that’s the $255 million that they are seeking on the appeal. They say they are due those fees under the retainer agreement or if their services were fairly valued.”

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Myers had ruled that they are not entitled to claim under that retainer agreement and that their services should have been valued at $23 million.

It’s anticipated that the appeal will be heard sometime in the fall 2026, and a decision would likely be rendered about six months after that, or the spring of 2027, the crowd was told.

For a court of appeal to overturn a decision there must be either a factual mistake made by the trial judge or a finding that he misapplied the law and the decision should be reversed.

In this case, the appellant lawyers argue there Myers misapplied a small part of the law, that there was a bias and he didn’t consider the lawyers role and that legal principles were misapplied, the gathering heard.

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Rosenberg said Garden River and Atikameksheng are pleased with Myers’ decision on the merits for their claims for costs and the ruling and want to preserve those wins at the court of appeal and bring certainty to the beneficiaries.

In essence, the money was to be returned to a separate account and distributed to the 21 First Nations. A portion of the money had been invested in GIC’s and is expected to mature by between May and August and can be distributed after that.

Garden River First Nation Chief Karen Bell said she wants that money to be distributed to the 21 First Nations and the beneficiaries as quickly as possible.

“The court made a decision. It allocated the funds back to the beneficiaries and that’s where the money should be directed to,” Bell said.

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Bell had penned a motion at the RHTLF meeting, advocating that the funds be distributed based on population, rather than being divided equally among the 21 Nations. Despite support from Five First Nations, it did not pass after Eleven First Nations voted against it, she told the crowd.

Bell said the information meeting is important to ensure community members get the correct answers to their questions and ensure openness, transparency, and accountability.

“We opened this up to all 21 First Nations, so we all get the same information, the same legal messaging. This is where the accuracy comes from,” she said, dispelling rumours and incorrect information that is often shared on social media.

In essence, the lawyers are appealing the decision that pegged the lawyer fee overages at $487 million, reducing their fees to $23 million from work completed that led to the 2023 $10-billion Robinson Huron Treaty settlement between the 21 First Nations and the federal and Ontario government.

The initial annuities case involved the First Nations communities seeking the retroactive amount owed to them for access to natural resources in the treaty territory. That territory stretches 92,000 square kilometres to the north and east of Lake Huron.

Annual payments to treaty members had been set at $4 per person, a deal inked in 1874. But the deal also included promises to increase the annuity as the value of the land’s resources grew. The increases never occurred, and the First Nation communities sought retroactive payments to fulfill the agreement.

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