A Second Trilogy Of Canadian Litigation Funding Case Law

Following a trilogy of cases regarding Bentham's litigation funding last year, Bentham's funding agreements have recently been the subject of three more decisions. While the focus of Bentham's funding in Canada remains corporate commercial claims, these cases arose in the class action context: two litigation funding agreement approval motions (in Ontario) and one settlement approval motion (in Quebec).

Bentham is pleased to be contributing to the evolving jurisprudence on litigation funding. In each of the cases, the courts acknowledged that litigation funding can increase access to justice.

The key three points from these decisions are:

1. As a well-capitalized entity and a reporting issuer, Bentham's Undertaking to the Defendants is acceptable as a means of satisfying any order requiring the plaintiffs to post security for costs - David v. Loblaw, 2018 ONSC 6469;