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Competition law 2024 FC 305

Pass Herald Ltd. v. Google LLC

The Federal Court approved an amended litigation funding agreement in part, capped the funder’s pre-approved return at 10% of claim proceeds, and sealed redacted terms.

  • Competition act s45 s46 s47 s52
  • Litigation funding approval
  • Champerty and maintenance
  • Class counsel fees
  • Access to justice
  • Court discretion on funding terms
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Competition law 2024 FC 225

Breckon v. Cermaq Canada Ltd.

Federal Court approved a salmon price-fixing class settlement but refused the litigation funding agreement and honorarium, and reduced class counsel fees.

  • Price-fixing
  • Settlement approval
  • Class counsel fees
  • Litigation funding agreement
  • Cy-près distribution
  • Release clause
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Competition law 2024 FC 152

Ingarra v. Dye & Durham Limited

Federal Court dismissed approval of a third-party litigation funding agreement in a proposed competition class action, finding the deal unfair to class members and champertous.

  • Third‑party litigation funding
  • Champerty
  • Access to justice
  • Fee allocation
  • Funding agreement approval
  • Third-party-litigation-funding
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Civil procedure 2023 BCSC 2094

7779615 Canada Inc. v. British Columbia Hydro and Power Authority

BC Hydro sought to strike a civil claim as an abuse of process, arguing the litigation funding and control arrangements were champertous. The court dismissed the application.

  • Champerty
  • Maintenance
  • Third-party litigation funding
  • Assignment of causes of action
  • Abuse of process
  • Disclosure of funding agreements
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Civil procedure 2023 ONCA 65

Sigma Capital Management Group Inc. v. Benzer Limited

The application judge correctly interpreted the Assignment Agreement and Assumption Agreement: the qualifier 'if any' limits reimbursement under s.3(i) to legal costs actually awarded; security for costs are litigation expenses and do not constitute 'net amounts recovered' for the 15% payment under s.3(ii); the Assumption Agreement could not expand 227's contractual rights beyond the Assignment Agreement; accordingly the application judge's distribution order was correct and the appeal is dismissed.

  • Security for costs
  • Allocation of settlement funds
  • Contract interpretation
  • Litigation funding agreement
  • Costs award
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Competition law 2021 FC 968

Eaton v. Teva Canada Limited

Federal Court approved a litigation funding agreement in a proposed Competition Act class action over generic drug price-fixing, with limited confidentiality and class counsel designation.

  • Price fixing
  • Market allocation
  • Section 45 competition act
  • Section 46 competition act
  • Litigation funding approval
  • Champerty
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Competition/antitrust 2021 FC 311

Difederico v. Amazon.com, Inc.

The Federal Court approved a litigation funding agreement in this proposed class action and allowed most confidentiality redactions, but required disclosure of the fee caps.

  • Litigation funding agreement approval
  • Champerty
  • Access to justice
  • Confidentiality of commercial terms
  • Most-favoured-nation clauses
  • Fair pricing clauses
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Legal profession 2020 BCSC 1225

MacAlpine v. Funk

Registrar review of a contingency fee dispute under the Legal Profession Act. The court enforced the hourly termination clause, assessed reasonable hours, and rejected a quantum meruit rewrite.

  • Contingency fee agreement
  • Quantum meruit
  • Fee assessment
  • Termination of retainer
  • Disbursements
  • Paralegal billing
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Class actions 2014 BCSC 931

Stanway v. Wyeth Canada Inc.

The Supreme Court of British Columbia approved a litigation financing agreement for a class action, finding it fair, reasonable, and consistent with access to justice.

  • Approval of litigation financing agreement
  • Champerty and public policy
  • Independence of counsel
  • Confidentiality and access orders
  • Representative plaintiff duties
  • No-costs regime
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.