REGINA — The Court of Appeal of Saskatchewan has upheld a lower court ruling that blocks Maurice Law from immediately collecting approximately $5.59 million in contingency fees from Sweetgrass First Nation.
In a decision released June 5, a three-judge panel unanimously upheld a Court of King’s Bench ruling that Sweetgrass’s application to assess the reasonableness of the contingency fee takes priority over the law firm’s demand for immediate payment.
The dispute stems from a December 2019 retainer agreement in which Maurice Law was hired by Sweetgrass to pursue its claim against the federal government under Treaty 6. The agreement provided that Maurice Law would work for 50 per cent off its regular hourly rate plus a contingency fee of four per cent to eight per cent of any funds recovered.
In February 2024, Canada offered to settle the claim for $139,667,207. The solicitor-client relationship broke down, and Sweetgrass terminated Maurice Law’s services on May 4, 2024. New counsel finalized the settlement in September 2024 for the exact amount originally offered.
Maurice law claimed it was entitled to a four per cent contingency fee ($5,586,768) because the offer from the government had been made to Sweetgrass during its representation. But the leadership of Sweetgrass First Nation disagreed, calling the fee excessive.
Sweetgrass filed an application under the Legal Profession Act seeking an assessment of the bill. Days later, Maurice Law filed an application seeking broad relief, including orders directing Canada and the trustee to pay the fees immediately, preservation of the settlement funds, and a declaration that the retainer was fair and reasonable.
A Court of King’s Bench previously dismissed Maurice Law’s application mainly on the ground that Sweetgrass’s application for an assessment of the fee took priority. The judge also ordered the disputed amount be paid to the court pending a resolution.
The appeal was dismissed with costs to Sweetgrass First Nation.
