Kyle Kashuba on the Rise of Third Party Litigation Funding in Canada

Calgary-based partner Kyle Kashuba has told the media a lack of case law was hindering third parties looking to fund litigation from entering the Canadian market.

The article, originally published through wire news network Bloomberg, speaks to the Australian-based company IMF Bethan Ltd’s entry to Canada, which has funded six commercial litigation cases since July.

Kyle said the fact there was less case law in Canada compared with other jurisdictions, meant expectations for legal outcomes could be less certain for companies looking to fund commercial litigation.

He said most litigation cases would typically settle before going to trial which is a less risky outcome.

“If I’m on the other side of a case where it’s purely a finance exercise, you might rely on that a little bit more and say ‘OK, we’ll see you at trial,”’ Kyle said.

“There’s an uncertainty any time you go to trial.”

The article was syndicated in the follow publications:

• Bloomberg
• Financial Post (February 1 print edition)
• Benefits Pro

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