Health Law Sections (South & North) Video

Recorded on:
Thursday, March 10, 2022

Topic: 
Third-Party Litigation Funding – Considerations for Medical Negligence and Other Personal Injury Claims

Litigating medical negligence claims can be expensive and there is never a guarantee that costs will be recovered. The advent of third-party litigation funding and its increasing acceptance in Canada may offer an alternate funding model, which in turn may affect how these claims are handled both for plaintiffs and defendants. Third-party litigation funding is a tool that can improve access to justice, but at the same time, it presents legal, regulatory, and ethical issues, including protecting confidentiality and privilege, whether litigation funding ought to be disclosed to the court and to the defendant, and issues that arise from ancient common law doctrines of champerty and maintenance that are concerned with improper interference in lawsuits and corruption of the justice system. Join Rupak Sarma, who recently defended his doctoral thesis titled 'Third Party Litigation Funding in Canada - Validity, Regulatory Challenges and Navigating Through Champerty and Maintenance', to explore the potential role of third party litigation funding in medical negligence claims and some of the special considerations surrounding third party litigation funding in general.
 

Speaker: 
Rupak Sarma, Third-Party Litigation Funding Researcher

Case Law Update: 
Nielsen Beatty, Student-at-Law, Bennett Jones 
 

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