Reflections and Projections



Bentham Canada has had an amazing 12 months.  As I look back on this whirlwind second year, and to mark the start of our third year in Canada, I’d like to share three reflections and three projections.

  1. We have received over 10 applications for funding each month over the past year.  Case referrals are the lifeblood of our business. The volume of applications demonstrates the clear need for this industry in Canada, and is heartening.
  2. Our Investment Committee has approved six matters for funding. The matters span the country and include an international arbitration, a construction dispute, a breach of duty claim, a medical device class action, enforcement of an arbitral award, and a patent dispute.  We are funding both big firms (BLG, Gowling WLG, Stikemans and Torys) and litigation boutiques in Ontario and B.C. 
  3. We have charted unnavigated legal territory, and will continue to forge the path.  Clients, the legal community and litigation funding industry now have the benefit of three court decisions about litigation funding. 

In addition to expanding our team with the addition of a second Investment Manager in Toronto and a Senior Advisor in Quebec (more to come on these exciting hires in the coming month), 2018 will see:

  1. Increasing use of litigation funding by well capitalised corporate clients to monetise litigation assets and manage the associated cost and risk.  
  2. The uptake of portfolio financing by law firms allowing lawyers to offer more full and partial contingency fee arrangements to their clients.  We are working closely with three law firms on this model now.
  3. Further judicial guidance on litigation funding in the class action and insolvency spaces.
I am proud of what the Bentham Canada team has achieved and we a grateful for the tremendous support from the legal and broader community.  A special thanks to our advisors and advocates, clients and their legal teams, our international colleagues and, most importantly, our families.
We’re excited to start our third year of operations and look forward to connecting with you in 2018.