Lawyer wins case against multinational firm behind day school settlement

A First Nations lawyer, Joan Jack, has secured a victory in a lawsuit against the multinational law firm Gowling WLG over day school settlement funds. Jack initiated the legal battle in 2009 before the case was handed over to Gowling, which assumed responsibility in 2016. The firm utilized Jack’s and other lawyers' efforts, including a database containing 12,500 potential class action members.

Gowling subsequently awarded a $1.5 billion settlement to day school survivors and paid its legal team $55 million in fees. Manitoba Judge Shauna McCarthy ruled in a 46-page decision that Gowling had a contractual and fiduciary duty to present the plaintiffs’ fees to the Federal Court for approval of the work done by the plaintiffs.

The judge found Gowling breached these obligations. In a six-year legal fight, Jack feels vindicated by the ruling, stating she wants to be recognized for her contribution to the cause. Gowling’s managing partner, Lorraine Mastersmith, expressed concerns with certain aspects of the judgment, stating they are reviewing the decision to determine their next steps.

The settlement provided compensation between $10,000 and $200,000 each to nearly 200,000 First Nations, Inuit and Métis children who attended over 700 federally-run day schools between the 1920s and present day.