Key Issues:

1. Unreasonable Fee Determination:
   • Rath & Company charged an "unreasonable fee" of $8,518,075 plus interest.
   • Court needs to decide to whom this amount should be returned.
2. Contingency Fee Agreement (CFA):
   • Agreement was between Tallcree and Rath.
   • Fee paid from the Tallcree First Nation Trust (the Trust), not directly by Tallcree.
3. Settlement Agreement and Trust Declaration:
   • Settlement funds from the Government of Canada for Tallcree’s Treaty 8 Agricultural Benefits Specific Claim.
   • Trust for the benefit of those members of Tallcree alive on June 28, 2017 (444 beneficiaries no longer members).

Court’s Analysis:

• Initial Filings:
  • Tallcree initially sought a review of the retainer agreement's reasonableness, not a lawyer's account review.
• Trust and Beneficiaries:
  • Legal fees specified as 20% of Settlement Funds in the Trust Declaration.
  • Settlement Agreement and Trust Declaration ratified by Tallcree members through a vote.
• Naming of Parties:
  • Tallcree did not include the Trustee, Trust Beneficiaries, or Canada in the proceedings.
  • Rath’s argument on the return of monies was delayed until after 2021 decisions.

Decision:

• Return of Monies:
  • The $8,518,075 plus interest should be returned to individual beneficiaries of the Trust per the Settlement Agreement terms.
  • This decision is despite the practicality of returning the funds to the Band's Chief and Council for collective benefit.

Conclusion:

• Justice Lee directed the return of the disputed fees to the individual beneficiaries as per the Trust terms, emphasizing adherence to legal frameworks over administrative convenience.