Author: Dr. Rupak Sarma
The concept of an unrelated party to a lawsuit affording capital or other resources to a party involved in the lawsuit is not recent. Exploring the historical and international applications of third party litigation funding, this paper also dives into Canadian case law, the legal concepts of champerty and maintenance, regulatory issues and ethical considerations. Included in the paper is a checklist of core elements that lawyers should consider when creating third party litigation agreements.
This paper was presented at LESA’s Third Party Litigation Funding: Identifying Opportunities and Challenges webinar on January 21, 2022.