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A First Nations lawyer who launched the legal fight for day school survivors before the file was turned over to a larger law firm as a class-action, has won a lawsuit against that firm.
Joan Jack filed the statement of claim for a group of day school survivors in 2009.
Gowling WLG took over the file in 2016 using work Jack and other lawyers had done, including a database of 12,500 potential class action members.
Gowling got a $1.5 billion settlement for day school survivors and were paid $55 million in legal fees.
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Jack received nothing.
Manitoba Judge Shauna McCarthy in a 46-page ruling found Gowling “had a contractual and fiduciary duty to present the plaintiffs’ fees to the Federal Court for approval with respect to work asserted to have been done by the plaintiffs in advancing the day school claims” and that “Gowling breached their obligations to do so.”
The six-year David versus Goliath battle “was hard” says Jack, and she feels “vindicated” by the ruling.
“Every human being wants to be recognized for their contribution in life and for us as Indigenous people, so often our contributions are erased, changed, ignored,” Jack said. “And so in that space, I feel very joyful.”
Gowling managing partner Lorraine Mastersmith said “we have significant concerns with elements of the judgment and are reviewing the decision to determine our next steps.”
How much Gowling will pay will be determined at a later date.
Nearly 200,000 First Nations, Inuit and Métis children attended more than 700 Indian day schools beginning in the 1920s. Many endured physical and sexual abuse at the federally-run schools. Under the settlement agreement, Canada compensated each eligible survivor between $10,000 and $200,000.
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