Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 13 AUGUST 2013

Third Party Funding Gains Traction In Ontario Class Actions

Bennett Jones LLP
Bennett Jones LLP
Contributor
Bennett Jones LLP

Bennett Jones LLP

Bennett Jones is one of Canada’s premier business law firms. With deep experience in complex...

View firm profile
Explore more from Bennett Jones LLP

Ontario class counsel are increasingly entering into third party funding arrangements to hedge against the risks of adverse costs awards.

CanadaLitigation, Mediation & Arbitration
Michael Eizenga
Michael Eizenga
Author LinkedIn connections

Ontario class counsel are increasingly entering into third party funding arrangements to hedge against the risks of adverse costs awards. Though the concept of third party funding remains a "work in progress", the current state of the practice was recently reviewed and summarized by Justice Perell in Bayens v. Kinross Gold Corporation, 2013 ONSC 4974.

The Kinross proceedings involve a securities market misrepresentation claim by trustees of the Musician's Pension Fund of Canada (the "Pension Fund"). Though counsel for the plaintiff agreed to accept the retainer on a contingency basis, they were not prepared to indemnify the Pension Fund against adverse costs awards in the class proceeding.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Plaintiffs Awarded A Total Of $800,000 In Damages For Defamation (Murdy v. Barrette)

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.
CanadaLitigation, Mediation & Arbitration
Gardiner Roberts LLP
Gardiner Roberts LLP
Article

Notice Concerning The Quota For Imports Of Chinese Electric Vehicles

The Government of Canada has introduced new rules governing the second allocation period for electric vehicle imports from China, increasing the available quota to 33,397 vehicles while maintaining strict permit requirements and a first-come, first-served allocation system. Global Affairs Canada signals potential intervention measures to ensure equitable access, particularly for original equipment manufacturers and new market entrants navigating this highly regulated import regime.
GlobalInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Alberta's data centre sector has evolved from speculative interest into billions in committed investment, supported by a new regulatory framework and hyperscale commitments from Meta and AWS. However, grid capacity constraints, power procurement challenges, unresolved federal copyright issues affecting AI training workloads, and community concerns about environmental impacts present significant obstacles that require continued collaboration between industry, government, and regulators.
CanadaEnergy and Natural Resources
Bennett Jones LLP
Bennett Jones LLP
Article

Canada Launches Responsible Data Centre Development Principles: What Clients Need To Know

Canada has introduced a new national framework setting expectations for data centre infrastructure development, with 42 major industry signatories including Amazon, Google, Meta, Microsoft and NVIDIA. The Principles establish five core requirements covering local benefits, electricity cost allocation, environmental impacts, transparency and strategic value, though their practical implementation will depend heavily on provincial and municipal policy decisions.
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

The Q3 2026 PE Briefing

The Canadian private equity landscape navigates a transition period marked by prolonged market volatility and stalled exit activity, yet demonstrates resilience through strategic investments in high-growth sectors. Q3 2026 analysis reveals how larger commitments, power and utilities investments, evergreen fund expansion, and healthcare sector dynamics are shaping the market amid escalating trade tensions and evolving investor strategies.
CanadaFinance and Banking
Bennett Jones LLP
Bennett Jones LLP
Article

Canada's Response To Trump: Tariffs And Relief Measures

Following the Trump administration's imposition of 50% tariffs on Canadian exports worth C$27.6 billion, Prime Minister Carney has announced comprehensive countermeasures targeting American goods. The Canadian response includes dollar-for-dollar retaliatory tariffs ranging from 15% to 50% on US products, alongside C$7.5 billion in support programs for affected workers and businesses. What relief measures and remission frameworks are available to Canadian importers navigating this escalating trade dispute?
CanadaInternational Law
Bennett Jones LLP
Bennett Jones LLP
Article

Round Three, Same Result

The Alberta Court of Appeal has ruled that Canada's amended Impact Assessment Act remains unconstitutional despite 2024 revisions intended to address Supreme Court concerns. The 4-1 majority decision found that federal oversight continues to exceed jurisdictional boundaries, particularly in regulating major resource and infrastructure projects that fall primarily under provincial authority. This landmark ruling marks the third time courts have invalidated the Act's Designated Projects scheme, raising critic
CanadaGovernment, Public Sector
Bennett Jones LLP
Bennett Jones LLP
Article

OPC Issues New PIPEDA Guidance On Assessing Third-Party Service Providers

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.
CanadaPrivacy
Bennett Jones LLP
Bennett Jones LLP