The plaintiff sought court approval for a Litigation Funding Agreement (LFA) to fund a class action against the defendants.
The court examined the LFA under section 33.1 of the Class Proceedings Act, 1992, assessing whether it was in the best interests of the class, furthered access to justice, was not champertous, and did not interfere with the lawyer-client relationship.
The court found the LFA fair, reasonable, and compliant with statutory requirements, noting the funder's financial capacity and undertaking for costs.
The motion was granted, and an order was also made designating class counsel and precluding similar actions without notice and leave.