December 11, 2025
In its recent decision in Nootchtai v. Nahwegahbow Corbiere Genoodmagejig Barristers and Solicitors, the Ontario Superior Court of Justice disallowed a partial contingency fee arrangement for the lawyers in the Robinson-Huron Treaty annuities litigation. This arrangement would have paid the lawyers $510 million, or about 5% of the $10 billion settlement in that litigation.
In this blog post, we explore the Court’s decision by first explaining the different ways that lawyers may structure their fees, why the Court called the fee arrangement in this litigation “unusual” and disallowed it, and what First Nations can do if they have concerns about fee arrangements with their lawyers.