Hugh Meighen says the common law sufficiently regulates litigation funding
By Julius Melnitzer | October 7, 2022
As the European Union plans a clampdown on litigation funding, funders operating in Canada and lawyers familiar with their workings say regulatory intervention is not required here.
“Regulation exists as a de facto matter by way of well-developed common law jurisprudence about what’s likely to be appropriate and what the courts won’t accept,” says Hugh Meighen, a partner in Borden Ladner Gervais LLP’s Toronto office. “Because of the initial concerns about issues like champerty and maintenance, the evolution of litigation funding and the law around it has been marked by caution.”
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Julius Melnitzer is a Toronto-based legal affairs writer, ghostwriter, writing coach and media trainer. Readers can reach him at [email protected] or https://legalwriter.net/contact.
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