The plaintiff in a class action brought an unopposed motion for approval of a third-party funding agreement under s. 33.1 of the Class Proceedings Act, 1992.
The agreement provided indemnity for adverse costs in exchange for a premium of up to 10% of the litigation proceeds.
The court approved the agreement, finding it fair and reasonable, protective of the plaintiff's control over the litigation, and supported by the funder's financial capacity.
