Jan. 13, 2023
Professor co-authors report on insolvency litigation funding
Professor wrote the Canadian section of the newly released report聽鈥淎 Cross-Jurisdictional Comparison of the Use of Commercial Litigation Funding in Insolvency鈥 which was funded by the (INSOL International).聽
The report聽compares the use of insolvency litigation funding across the different jurisdictions.
鈥淟itigation funding is an arrangement whereby litigation is funded, wholly or partially, by a person who is not a party. This third-party investor would then recover a return if there were an award or recovery in the litigation,鈥 explained Jassmine in a . Historically, these agreements have been somewhat controversial, as they could potentially offend the common law doctrines of champerty (where a third-party pays some or all of the litigation costs in return for a share of the proceeds) and maintenance (an unconnected third-party assisting to maintain litigation). Though this continues to be an evolving area of law, courts have been recognizing these agreements, the benefits of which include increased access to justice.聽聽
Jassmine's co-authors include聽Sulette Lombard, Christopher F Symes, Peter Walton, Annika Wolf, Irene L Fannon, Lynne Taylor, Michael Veder, Luuk Stoltenborgh, Aurelio Gurrea-Martinez, Andre Boraine, Jani van Wyk, & Paul B Lewis.