Big corporations may soon be looking at third-party litigation funding as a means to go after commercial matters they thought would be too costly to fight.
The discussion focused on how litigation funding might serve the legal market in Canada and on the legal and ethical questions that arise in funding transactions.
“The funders are certainly in our marketplace looking for cases,” says Lincoln Caylor, commercial litigation and fraud lawyer with Bennett Jones LLP in Toronto who was part of the Bentham roundtable in September. “Firms that . . . don’t realize that if you’re acting for potential defendants and/or if you have potential plaintiffs [with] this in the market and it’s not going away.”