Motion to approve litigation funding agreement dismissed as unfair and unreasonable to class members.
The plaintiffs in a proposed class action sought approval of a third party litigation funding agreement to cover disbursements and potential adverse costs.
The Court dismissed the motion, finding that the proposed agreement was champertous and not fair or reasonable to the class members, as it provided the funder with a disproportionately large share of potential recovery proceeds compared to previously approved agreements and the Ontario Class Proceedings Fund benchmark.
