In the News

Financement de litige : la voie est libre

Une récente décision de la CSC lève les derniers obstacles au financement de litige par des tiers au pays...

Les tribunaux inférieurs se sont prononcés plusieurs fois dans les dernières années pour approuver des accords permettant le financement de litiges par un tiers.

Cet article a été initialement publié par Droit-Inc le Lundi le 11 Mai 2020


Judges may approve 'interim financing' from third parties to fund lawsuits, says SCC

Courts may stop creditors from voting on how to settle insolvent companies’ debts, high court finds.

In a win for third-party litigation funding, the Supreme Court of Canada has released its reasons in a decision from the bench on January 23 that approved litigation funding allowing an insolvent company to sue one of its creditors.

Canadian Lawyer, May 11, 2020


Supreme Court blesses litigation funding

The top court lays out rules on funding to realize litigation assets.
The Supreme Court of Canada has released reasons for its January 23rd ruling from the bench that allowed a Quebec company in receivership to use a litigation funder to realize its only asset – a potential lawsuit worth as much as $200 million.

CBA National, May 8, 2020


SCC Ruling Affirms Authority to Approve Litigation Funding Agreement as Interim Financing

In a ruling from the bench, with reasons to follow, the Supreme Court of Canada unanimously allowed on January 23, 2020, the appeal from the Quebec Court of Appeal’s decision in 9354-9186 Québec Inc. v. Callidus Capital Corporation, confirming the authority of a supervising court acting pursuant to the Companies’ Creditors Arrangement Act, R.S.C., 1985, c. C-36 (“CCAA”) to approve litigation funding agreements outside of a formal plan of arrangement and granted a super-priority charge against the proceeds of a claim.

Insolvency Insider, January 30, 2020


The Third Party Litigation Funding Law Review - Edition 3

Third party funding (TPF) has recently attracted significant attention in Canada. Whereas Canadian law previously imposed strict limits on the opportunity to fund litigation, it has evolved to provide greater scope and flexibility for these arrangements.

The Law Reviews, December 2019


How Canadian firms can benefit from Bentham IMF’s litigation funding mega-merger with Omni Bridgeway

IMF Bentham announced on Oct. 15 it would buy Omni Bridgeway Holdings. IMF Bentham’s merger with Omni Bridgeway will also impact the Canadian market, says Paul Rand, the chief investment officer of IMF Bentham’s Canadian business.

The Law Times, October 15, 2019


Toronto startup Paycase sues TMX over cryptocurrency plan

Less than two years after the TMX Group Ltd. announced plans to launch a cryptocurrency platform, the project appears dead and a Toronto startup is suing the stock exchange and seeking US$500-million in damages.

This article was published in The Globe and Mail, September 23, 2019


In Callidus Capital, SCC looks at litigation funding

With the Supreme Court of Canada’s decision to hear the appeal in 9354-9186 Québec inc., et al. v. Callidus Capital Corporation 2018 QCCA 632, litigation funding will for the first time be front and centre at the high court.

This article was originally published by The Lawyer’s Daily (, part of LexisNexis Canada Inc.



Third-party litigation funding among legal considerations for start-ups

The recent expansion of third-party legal funding in Canada could provide new options for start-ups.

The Law Times, September 9th, 2019


Vendez le risque de vos dossiers

Une bonne discussion des avantages pour les bureaux d'avocats d'explorer le financement de portefeuilles de litiges.

Cet article a été initialement publié par Droit-Inc le 3 septembre 2019


Supreme Court of Canada considers litigation funding for the first time

An appeal will be heard in a case funded by Bentham IMF, sparking hope for greater clarity in litigation finance

This article was published in the Canadian Lawyer August 2019



Litigation funding in Canada — no easy harvest

In its July 2019 article, Commercial Dispute Resolution (CDR) explores the growth of litigation funding in Canada - as originally published on CDR (


Ahead of the pack: Advising the board on looming disputes

At the 2019 annual conference of the Canadian Corporate Counsel Association, Naomi Loewith spoke on a plenary panel about advising boards during when a crisis is on the horizon. Read coverage of the session, and how litigation funding can assist, here

This article was originally published by The Lawyer’s Daily (, part of LexisNexis Canada Inc.


The Third Party Litigation Funding Law Review, 2nd Edition

The most recent Canada chapter in The Third Party Litigation Funding Law Review - Edition 2, sets out developments in the Canadian law on litigation funding.  

The chapter was written by Hugh Meighen at Borden Ladner Gervais LLP, and is reproduced with permission from Law Business Research Ltd. This chapter was first published in December 2018


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)


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.



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


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.

This article was originally published by Droit-Inc March 5, 2018

Read English Translation  Read Original

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]


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