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Third Party Litigation Funding: Saskatchewan Makes Six

Following the recent decision of the Queen’s Bench for Saskatchewan in Schneider v Royal Crown Gold Reserve Inc, six provinces have now set out the guiding principles for approving third-party litigation funding agreements. Although most decisions are in the class action context, they are instructive for general commercial litigation, the core of Bentham IMF’s business in Canada.

Maintenance and Champerty: Dead but not buried?

In our conversations introducing commercial litigation funding to the Canadian legal market, we are frequently asked about maintenance and champerty. Under current Canadian jurisprudence, third-party funding does not offend the doctrines of maintenance and champerty.

How to Propose a Case for Funding

While each funder uses a unique set of criteria to assess the potential value of investing in a case, lawyers are likely to find similarities in the factors taken into consideration.

Counseling Clients about Litigation Funding

When lawyers become comfortable with explaining the intricacies of litigation funding, they become better counselors to their clients because they are able to present a broader array of options for financing a case.