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The evolution of third party litigation funding in Canada

Thursday, October 26, 2017 @ 8:35 AM | By Hugh Meighen

In Canada, limits on third party litigation funding have historically been imposed by the common law doctrines of maintenance and champerty. The concept of maintenance is “directed against those who, for an improper motive, often described as wanton or officious intermeddling, become involved with disputes (litigation) of others in which the maintainer has no interest whatsoever.”

“Champerty is an egregious form of maintenance in which there is the added element that the maintainer shares in the profits of the litigation” (McIntyre Estate v. Ontario (Attorney General) [2002]...