In the News

How litigation funding works in the commercial context

Lawyers and law firms are starting to consider how litigation funding can help them mitigate risk and manage cash flows for their clients.  Learn more in this article on how litigation funding works in the commercial context - by Luis Millán for CBA's National magazine (September 2018)

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Litigation Funding in Bankruptcy Cases

In the recent issue of Rebuilding Success, the magazine of the Canadian Institute of Insolvency and Restructuring Professionals (CAIRP), Karen Fellowes discusses a recent decision by the Superior Court of Quebec, and what it means for the growth of commercial litigation funding for insolvency matters in Canada. 

This article was originally published in the Fall/Winter 2018 (Volume 18, Issue 2) of CAIRP's Rebuilding Success magazine.

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Insolvency disputes a growing area for litigation funding

The Law Times quotes several leading restructuring and insolvency practitioners on the positive impact of litigation funding in Canada. Using the framework of the recent Bluberi decision (2018 QCCS 1040), which is a CCAA matter that involves Bentham’s funding, the quoted experts discuss the benefits of this growing trend, including the fact that litigation funding can create a recovery for the creditors “where there was none before”.

This article was originally published by Law Times, July 23, 2018

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Bentham invests in two Quebec cases

Established in Canada since 2016, Bentham arrives on Quebec’s shores with two litigation financing agreements. These are the 5th and 6th disputes funded by Bentham in Canada and the first two in Quebec.

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The Third-Party Litigation Funding Law Review - First Edition

Canada chapter in The Third Party Litigation Funding Law Review - Edition 1

Reproduced with permission from Law Business Research Ltd This article was first published in December 2017. For further information please contact [email protected]

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Third Party Arbitration Funding

Third party litigation funding is growing in Canada and starting to appear in commercial arbitration as well. This raises some interesting questions about an arbitration tribunal’s authority to allow (or refuse to allow) third party funding and, if it is permitted, the degree to which the tribunal should control the funder’s involvement in the arbitration.

This article was first published by Slaw on 2 February 2018

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Building New Law Podcast

The team at Building New Law interview Tania Sulan and Naomi Loewith

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Suing Is Canada's New Asset Class as Investors Bet on Claims

Originally published by Bloomberg - 31 January 2018

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Insolvency Insider chat with Naomi Loewith

Insolvency Insider interviews Naomi Loewith about the role that litigation funding can play during an insolvency or restructuring.

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LFJ Interview with Bentham IMF Canada CIO, Tania Sulan

The Litigation Finance Journal interviews Tania Sulan, Bentham IMF’s CIO in Canada and observes:

The Canadian litigation finance market is certainly heating up, which is good for Canada… because it’s cold up there. It’s also good because it means more entrants are soon to emerge: everyone from global funders like IMF Bentham extending their reach, to local funders popping up in litigation hubs such as Toronto and Vancouver, to lawyers and claimants seeking out funding opportunities… plenty of interested parties will soon be getting in on the act.

Litigation Finance Journal, December 13, 2017

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Recent Developments in Litigation Funding Cases

In Canada, litigation and arbitration cases are increasingly funded by third parties to allow claimants to bring claims when they otherwise may not be financially able or inclined to do so.

This article was published in the Commercial Litigation and Arbitration Review, November 2017

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Third-Party Litigation Funding: Improving Access to Justice?

The number of firms willing to take risks in class actions could increase with the arrival of funders...

Two recent court decisions have changed the way third parties finance lawsuits.

Litigation Funding: Bentham Gets Green Light from the Courts

Two courts have just established how third parties can fund lawsuits...

In the last few weeks, litigation funder Bentham IMF announced three decisions that established rules for the court to follow before accepting third-party funding arrangements in Canada.

The evolution of third party litigation funding in Canada

In Canada, limits on third party litigation funding have historically been imposed by the common law doctrines of maintenance and champerty.

This article was originally published by The Lawyer's Daily (www.the lawyersdaily.ca) part of LexisNexis Canada Inc. - October 26, 2017

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Leveraged Litigation

Lexpert Magazine conducts a detailed review of litigation funding, and concludes that “a host of new players with creative leveraging strategies are now paving the way for what could become a force in the profession.”

Reprinted with the permission of Lexpert Magazine – October 2017.

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Litigation Finance is Booming in Canada, eh.

The Litigation Finance Journal examines the Canadian market, and concludes: “It seems the Canadian market is maturing almost as swiftly as its US cousin’s. In another 5 years, you may not even notice a difference between the two… except for one being more polite, of course.”

This article was originally published by Litigation Finance Journal, October 12, 2017

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Third-party litigation funding: a new tool for construction disputes

Third-party litigation funding is a relatively new tool growing in popularity that can be used to assist owners and contractors in the construction industry in managing the costs and risks associated with significant disputes and claims.

by Angela Gismondi - This article was originally published by Daily Commercial News Oct 4, 2017

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Reining in Budgets

The Canadian Corporate Counsel Association Magazine explores the ways that law departments are controlling costs. Litigation funding is featured as an innovative option for advancing litigation without risk or upfront cost.

This article first appeared in the Fall 2017 issue of CCCA Magazine, the quarterly publication of the Canadian Corporate Counsel Association, http://www.ccca-accje.org/Home

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Three's a crowd? Third-party arbitration funding

Craig R. Chiasson, Hugh A. Meighen and Robert J.C. Deane of Borden Ladner Gervais LLP discuss third party funding of arbitrations in Canada.

This article was originally edited by, and first published on August 17, 2017. www.internationallawoffice.com

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Companies use Third-Party Litigation

Bentham IMF Chief Investment Officer, Tania Sulan, talks with the Law Times about the emerging trend of corporations using litigation funding. The article discusses how third-party funding can allow corporations and law firms to shed risk from their balance sheets.

This article was originally published by "Law Times"  July 24, 2017

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