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ARTICLE · 27 JULY 2016

Defendants Sidelined In Third Party Funding Motion

Osler, Hoskin & Harcourt LLP
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In Berg, the proposed representative plaintiff brought a motion without notice to the defendants for approval of a third party funding agreement.

CanadaLitigation, Mediation & Arbitration
Kevin O'Brien
Kevin O'Brien
Aislinn Reid
Aislinn Reid
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Justice Perell's July 7, 2016 decision in Berg v. Canadian Hockey League is the most recent development in the evolving law surrounding the role of third party funders in Canadian class proceedings, and in particular the role of defendants in motions for approval of third party funding arrangements. We have previously written about third party funding motions as a developing procedural battle ground in class proceedings.

Background

In Berg, the proposed representative plaintiff brought a motion without notice to the defendants for approval of a third party funding agreement. The plaintiff also sought an order sealing the court file to prevent the defendants from accessing the third party funding agreement.

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