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November 12, 2018

Canadian Court Rejects Deal That Would Make Plaintiffs ‘Work on Behalf’ of Litigation Funders

The Ontario Superior Court has rejected a proposed class funding arrangement from litigation funder Bentham IMF that would have resulted in the representative plaintiffs “working on behalf of Bentham,” Canadian Lawyer reports.

The Court was concerned that the agreement, which must now be rewritten, would have removed “any assurances of the Houles [the plaintiffs] having autonomy and having control over the action.” The agreement would also have given Bentham the right to terminate funding unilaterally with 10 days’ notice, if it determined the case was no longer commercially viable.

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