Supreme Court Of Canada To Consider Litigation Funding For The First Time

The Supreme Court of Canada (SCC) has agreed to hear an appeal in 9354-9186 Québec Inc. et al. v. Callidus Capital Corporation et al., a matter that Bentham is funding. Given that the SCC agrees to hear only about 10% of the 500-some applications it receives each year, Bentham is pleased that this matter was selected by the country's highest court. This affords Bentham an opportunity to continue to help shape Canadian law on litigation funding.

The appeal, which will likely be argued in early 2020, is sure to be watched closely by corporate-commercial litigators and insolvency professionals across Canada.

History

Two insolvent entities (f.k.a. Bluberi) have been under Companies' Creditors Arrangement Act (CCAA) protection since 2015. Bluberi wished to assert a claim for approximately $228 million in damages against former lender Callidus Capital Corporation and related parties (Catalyst Capital Group Inc., Newton Glassman, and others), alleging wrongdoing