In the News

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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Third-Party Funding Market Diversifies

The Law Times examines the growing Canadian litigation funding market, with new entrants to the market and the restructuring of existing players. Bentham IMF, is one of the new entrants and Chief Investment Officer, Tania Sulan, distinguishes Bentham’s offerings.

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

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Funding empowers creditors in bankruptcy claims

“There have been one or two examples of third parties funding litigation of insolvent entities but not by professional litigation funders like Bentham.” Bentham IMF Chief Investment Officer, Tania Sulan provides her thoughts to the Law Times on how litigation funding can empower creditors in bankruptcy claims.

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

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Quebec and the Growing Litigation Funding Industry

 

The Quebec publication Droit-Inc considers implications of litigation funding in Quebec. Bentham IMF Chief Investment Officer Tania Sulan is quoted with regards to interest in litigation funding shown by litigants in that province. 

This article was originally published in French by “Droit-Inc” July 19, 2017. The original article can be found here.

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Canada and the Growing Litigation Funding Industry

The Quebec publication Droit-Inc examines the growing litigation funding industry in Canada and its relationship both to access to justice and to potential concerns regarding commodification of the judicial process. Bentham IMF Chief Investment Officer Tania Sulan is quoted at length discussing the proper role of a funder, and how risks are mitigated through a funding process that is transparent, fair and practical.

This article was originally published in French by “Droit-Inc” July 18, 2017. The original article can be found here.

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U.S. Chamber pushes for mandatory disclosure in third party litigation funding

Bentham IMF Chief Investment Officer, Tania Sulan talks with The Lawyer’s Daily about the types of companies applying for litigation funding and notes that funding is increasing viewed as a cost management and risk management tool.

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca)

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Third Party Funding in Arbitration

Dentons Canada’s Rachel A. Howie and Jessica Gill examines the role of third party litigation funding in arbitration - Canadian Arbitration and Mediation Journal (Vol. 26, No.1, 2017).

This article is posted with the permission of the ADR Institute of Canada.

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Beyond Access to Justice: Litigation Funding Agreements Outside the Class Actions Context.

Bennett Jones' Ranjan K. Agarwal and Doug Fenton look at litigation funding outside of the class action context and disclosure requirements - “Beyond Access to Justice: Litigation Funding Agreements Outside the Class Actions Context” (2017) 59 Canadian Business Law Journal 65

This article is posted with the permission of the Canadian Business Law Journal

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From taboo to transparency

The Canadian Bar Association summarises the rapid spread of global litigation finance over the last decade

Canadian Bar Association - National magazine Spring 2017

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Après le tabou, la transparence

L'Association Du Barreau Canadien Printemps 2017

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Third-party litigation funding

Canadian Lawyer states that Canadian Courts are increasingly being asked to scrutinize outside funding arrangements, as the use of third-party funders increase

Canadian Lawyer, January 3, 2017

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Third Parties put the fun in Litigation Funding

Osler’s Karin Sachar and Eleanor Vaughan examine how litigation funding works and why lawyers should educate themselves on the potential opportunities it can create - "Third Parties put the Fun in Litigation Funding”

This article is posted with the permission of LexisNexis.

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Is third party litigation funding coming to a court near you?

Canadian Lawyer talks with Bentham IMF Chief Investment Officer, Tania Sulan, about Bentham’s market research on how litigation funding might serve the legal market in Canada.

Canadian Lawyer, November 21, 2016

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How companies are using “litigation financing” to invest in winning lawsuits

Bentham IMF Investment Manager, Naomi Loewith, talks with Canadian Business about Bentham’s entry into Canada and the growing momentum of litigation funding in Canada.

Canadian Business, November 17, 2016

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