Joan Rataic-Lang

Litigation funding for commercial claims in Canada. Tuesday, April 17, 2018. 5-7pm. Soiree 7-8pm.

While litigation funding has been long established in Australia, the U.K. and the U.S., a series of recent decisions have opened the door to funding commercial litigation in Canada. In the wake of Schenk v. Valeant (2015) and its ilk, Canadian clients and counsel are exploring it as a way of advancing commercial litigation, where breach of contract, oppression, intellectual property, breach of duty, securities, insolvency and other business issues are in conflict. In this TLA CPD Nutshell, Litigation Funding for Commercial Claims in Canada, we will discuss how this new funding model will add to the litigation arena in this jurisidiction.

Clients see litigation funding as a means of advancing claims, while sharing or offsetting the risk and cost. Litigators can use funding to attract clients who could not otherwise afford their services, to help large clients manage cost and risk, and to offer creative fee arrangements, all while ensuring that meritorious cases are properly resourced through to trial.

Our panelists include litigators from both large and small firms, and counsel for a litigation funder. Moderator, Christina Porretta, Partner, Dentons Canada LLP, will be joined by Naomi Loewith, Investment Manager/Legal Counsel, Bentham IMF Capital Limited, Margaret Waddell, Partner, Waddell Phillips and Lauren Tomasich, Partner, Osler, Hoskin & Harcourt LLP. They will discuss what litigation funding is and how it works in practice, what the courts have had to say about it, and why counsel are increasingly thinking about funding now.

Our agenda will cover:

  • Updates of recent case law;
  • The mechanics of a funding agreement, including ensuring that the litigation funder’s terms are fair and adequately deals with any conflicts of interest that may arise;
  • Why litigation funding permits lawyers to take on cases they might not otherwise be able to accept and how this might help with a law firm’s succession planning;
  • How litigation funding provides access to justice for those who cannot properly fund their litigation;
  • How litigation funding enables corporate clients to more effectively manage cost and risk, while generating more efficient and reliable revenue sources for law firms;
  • Professional and ethical issues, including the doctrines of maintenance and champerty, control and disclosure, and,
  • Issues surrounding privilege with respect to the exchange of documents.

This program will provide 65 minutes of Professionalism Content and 30 minutes of Substantive Content.

Following the more formal discussions will be a Wine & Cheese Soiree, where everyone is welcome to hang back for a hour or so to discuss the evening's advice and information.

This tailored approach to meeting and exceeding our members' needs is what a TLA CPD Nutshell is all about. We invite you to check out our upcoming seminars. TLA CPD Nutshells run in the evening, generally last a couple of hours, and offer CPD credits in a collegial, informal atmosphere. Our seminars are designed, written and presented by professionals from our shared legal community. Be sure to join us for great conversation, while getting your questions answered.

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