MMC68

🚨 BREAKING - RATH FEE DISPUTE The present litigation arises from a fee dispute with a client who negotiated a reduced 20% rate on a contingent fee agreement. Following a very successful outcome, the Chief and Council then proceeded to litigate for years on the basis that the contract they agreed to by Band Council Resolution was “unreasonable”. Chief and Council pursued this litigation to have the 20% Fee PAID TO THEMSELVES. Upon review of the fee agreement and the circumstances of its execution the Review Officer, being the judicial expert on fees and fee agreements found as a matter of fact and law that the agreement was “reasonable”. They appealed this decision. Justice Lee of the Court of Queen’s Bench found that a lawyer who took on the risk of what could potentially turn into a 10 year piece of litigation should be paid on the same basis as a realtor. This same judge made a number of other erroneous findings including that a lawyer who has won more Treaty, Aboriginal and constitutional rights cases than any lawyer in Alberta, including cases at senior appellate courts of Canada and the Supreme Court was not qualified to engage in the practice of Treaty and Aboriginal rights law. The agreed 20% fee was reduced to 5% on the basis of these findings which were confirmed to amount to a series of serious judicial errors by a unanimous Court of Appeal. Justice Wakeling of the Court of Appeal would have overturned Justice Lee’s decision in the court below commenting on the numerous errors in reasoning and the demonstrable fact of Mr. Rath’s expertise and acumen in his area of practice referring to the over 320 reported cases brought forward by Mr. Rath over his career. Justice Wakeling found the fee agreement was “reasonable”. Justices Frans Slatter and Kevin Feehan agreed that Justice Lee had erred repeatedly in fact and law and without remitting the case to the court below for a rehearing, simply replaced Justice Lee’s decision with their own. They effectively ruled that an after the fact re-writing of the terms of a negotiated agreement from 20% to 5% was “reasonable”. At no point in this litigation did any court including the Court of Appeal ever re-write the terms of the Settlement Trust approved by 94% of Tall Cree Members voting on it. The trust required 20% of the settlement funds to be paid as “legal fees” as a “first charge”. This was agreed to after the fact, with full disclosure of the fee, by 94% of the members who voted., The payment of the fee to Chief and Council was rejected by both Justice Lee AND the Court of Appeal following successful action funded by the trust. Chief and Council now claim the costs of defeating their claim on the funds is a “misappropriation” of trust funds. The Settlement Trust expressly provided for the payment of legal expenses, settlement and administrative fees and expenses. Jeffrey Rath maintains was done in accordance with the terms of the trust. The present orders arose from a series of applications where adjournments were requested due to the unavailability of counsel or time to prepare a proper response, and where Mr. Rath was unable to fully participate due to extremely trying personal, family, and health circumstances. Mr. Rath, for these valid reasons was unable to fully participate in instruction of legal counsel or the provision of evidence other than to request through counsel adjournments where his counsel were forced to argue against relief sought with limited input or instructions from Mr. Rath. Over the course of his career, Jeffrey Rath has created billions of dollars in wealth and economic opportunities for the communities that he served. THANK YOU TO ALL OF MY FRIENDS AND FELLOW ALBERTANS WHO HAVE EXPRESSED THIER SUPPORT. This matter remains in active litigation every allegation of impropriety is disputed. There will be no further comment at this time.

This is not true. Forever Canadian group members, led by Thomas Lukaszuk, are being actively investigated by Wetaskiwin RCMP for campaign interference and theft of registered TPA campaign materials witnessed in the community and reported to Elections Alberta. Elections Alberta directed us to RCMP. Following additional witnesses and evidence coming forward, the investigation continues and has been elevated. We will issue an updated press release shortly.

The job of the courts should be to look out for what’s best for Canadian families and deliver justice. After all, they’re funded by our tax dollars. For too long we have allowed Liberals and their moral relativism to make our justice system about undemocratic activism. It has to end now.