Analysis

Rebuke Of Bentham Deal May Chill Canada Class Suit Funding

By Andrew Strickler (September 18, 2017, 8:23 PM EDT) -- A recent decision by a Toronto judge throwing cold water on a third-party funding deal from Bentham IMF for plaintiffs in a medical device case may severely hamper interest from commercial funders in backing future Canadian class actions, experts say.

In August, Ontario Superior Court Judge Paul M. Perell, one of just two jurists who oversee class actions in the country's foremost financial and business hub, called for significant changes to an "uncapped" deal between international litigation funder Bentham and a couple suing over allegedly faulty heart implants, finding that an open-ended termination provision would allow Bentham "to control whether and...

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