In 1850, the Anishinaabe entered into the Robinson-Superior and Robinson-Huron treaties with the Crown. Among other things, those treaties provided for payment by the Crown of annuities, the amount of which was to be increased if the value of the revenue the Crown received from the ceded territories permitted it. Only one increase in the annuities was ever made, in 1875. The plaintiff First Nations claimed that, given the value of the resources taken from the land since 1850, the annuity payments should have been increased over time. The trial judge agreed and decided that the Crown had to engage in a consultative process to determine the revenues it had received from the lands, and then pay an increased "fair share" amount if the revenues would permit it without the Crown incurring loss. The trial judge also decided that Crown immunity and limitations statutes did not bar the claims. The Ontario Court of Appeal decided that it did not need to address Crown immunity, as it rejected the trial judge's opinion that the Crown owed fiduciary obligations in implementing the annuity augmentation clause. The Court of Appeal upheld the trial judge's decision on limitations, and substantially affirmed her decision on the issue of the increase in the annuities, while replacing her "fair share" approach with a ruling that "the honour of the Crown obliges the Crown to increase the annuities as part of its duty to diligently implement the Treaties." The amount of compensation to be paid has yet to be determined.