A Funder On Funding: Insights From A Canadian Litigation Funder

Overview

Litigation funding – the provision of capital by a third-party in connection with a litigation or arbitration – is an increasingly important tool for both finance and legal professionals in Canada. Clients and law firms of all sizes – national, regional, boutique – have accessed funding in respect of valuable commercial claims.

The process of seeking and securing funding can and should be straightforward. Getting a quick decision from a funder is possible by being prepared and anticipating what issues a funder will focus on.

Because cases, clients, and lawyers are unique, and each litigation funder has its own criteria for investing in an opportunity, it is difficult to generalize about how the intake and diligence process will unfold. Nonetheless, here are some tips and insights from a funder's perspective.