Commercial Litigation Funding: Ethical, Regulatory and Comparative Perspectives

(2014) 55:1 Canadian Business Law Journal 1-16

16 Pages Posted: 13 Apr 2014

See all articles by Camille Cameron

Camille Cameron

Dalhousie University - Schulich School of Law; University of Windsor - Faculty of Law

Jasminka Kalajdzic

University of Windsor - Faculty of Law

Date Written: December 11, 2013

Abstract

There has been a proliferation of writing about commercial litigation funding (“CLF”) over the past few years, in both the academic and popular press. Too often, the literature presents a narrative of extremes. Commentators are either wholly against CLF on the basis that it gives rise to unethical behaviour and the commodification of our civil justice system, or wholly in support of it on the basis that it promotes access to justice and levels the playing field. A conference held at the University of Windsor Law School in July, 2013 brought together leading scholars, judges and lawyers from the United States, Australia and Canada to engage in a nuanced discussion about CLF that mediated between these extreme polarities. The first conference of its kind in Canada, discussion was focused on four themes: regulation, access to justice, ethics and impacts on class actions. In this article, the conference organizers, Dean Camille Cameron and Professor Jasminka Kalajdzic, survey the principal issues in the debates around CLF, summarize the key points in the conference papers, and identify the basic principles that might inform the regulation of litigation funding in Canada and elsewhere.

Keywords: litigation, litigation funding, class actions

JEL Classification: K00, K41

Suggested Citation

Cameron, Camille and Kalajdzic, Jasminka, Commercial Litigation Funding: Ethical, Regulatory and Comparative Perspectives (December 11, 2013). (2014) 55:1 Canadian Business Law Journal 1-16, Available at SSRN: https://ssrn.com/abstract=2423956 or http://dx.doi.org/10.2139/ssrn.2423956

Camille Cameron

Dalhousie University - Schulich School of Law ( email )

6061 University Avenue
6061 University Ave
Halifax, Nova Scotia B3H 4H9
Canada

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

Jasminka Kalajdzic (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

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