A series of recent decisions have opened the door to funding of commercial litigation in Canada. In the wake of Schenk v. Valeant (2015) and decisions that build on its reasoning, clients and counsel are exploring it as a way of advancing commercial litigation, including breach of contract, oppression, intellectual property, breach of duty, securities, insolvency and other business disputes. The panel will discuss what litigation funding is and how it works in practice, what the courts have had to say about, and why counsel are increasingly thinking about it now.
Naomi Loewith, Investment Manager/Legal Counsel, Bentham IMF Capital Limited
Margaret Waddell, Partner, Waddell Phillips
Lauren Tomasich, Partner, Osler, Hoskin & Harcourt LLP
Moderator: Christina Porretta, Partner, Dentons Canada LLP