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Financing the fight

Thursday, March 10, 2016 @ 7:00 PM | By Naomi Loewith

The Ontario Superior Court recently expanded the role that third party litigation funding can play in Canada. Litigation funding is well-established in other common law jurisdictions — particularly in class action and intellectual property matters — but is relatively new to Canada. Third-party funders generally cover legal costs and disbursements, and indemnify the litigant against any adverse costs, in exchange for an agreed portion of any recovery. Schenk v. Valeant Pharmaceuticals International Inc. [2015] ONSC 3215 was the first judicial consideration of commercial litigation funding, outside...