Marriott v. General Motors of Canada Company

The underlying litigation is a class action for alleged violations of Canadian automobile emission standards.

This specific decision was in regards to plaintiff’s motion to approve a litigation funding agreement. Under the agreement, the funder is to pay certain disbursements and any adverse costs orders in exchange for 7% of the litigation proceeds (capped at $15 million, or $10 million if the action is resolved prior to the plaintiff filing a pre-trial conference brief).

The Court applied the test for third party litigation funding approvals summarized in Kinross, and granted the plaintiff’s motion.