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55 Can. Bus. L.J. 1 (2014)
Commercial Litigation Funding: Ethical, Regulatory and Comparative Perspectives

handle is hein.journals/canadbus55 and id is 7 raw text is: THE REVUE CANADIAN CANADIENNE DU BUSINESS LAW DROIT DE JOURNAL COMMERCE Volume 55, No. 1 March/Mars 2014 COMMERCIAL LITIGATION FUNDING: ETHICAL, REGULATORY AND COMPARATIVE PERSPECTIVES Camille Cameron* and Jasminka Kalajdzic** There has been a proliferation of writing about commercial litigation funding (Cor) over the past few years, in both the academic and popular press. Too often, the literature presents a narrative of extremes. Commentators are either wholly against CLF on the basis that it gives rise to unethical behaviour and the commnodification of our civil justice system, or itholly in support of it on the basis that it promotes access to justice and levels the playing field. A conference held at the University of Windsor Law School in July, 2013 brought together leading scholars, judges and lawyers from the United States, Australia and Canada to engage in a nuanced discussion about CLF that mediated betieen these extreme polarities. The first conference of its kind in Canada, discussion was focussed on four themes: regulation, access to justice, ethics and impacts on class actions. In this article, the conference organizers, Dean Camille Cameron and Professor Jasminka Kalajdzic, survey the principal issues in the debates around CLE, summarize the key points in the conference papers, and identifv the basic principles that might inform the regulation of litigation funding in Canada and elsewhere. 1. INTRODUCTION There has been a proliferation of writing about commercial litigation funding (CLF) over the past few years, in both the academic and popular press. Too often, the literature presents a narrative of extremes. Either litigation funding is the very best vehicle for ensuring that litigants get access to lawyers and the civil justice system, or it garishly commercializes the practice of law and seriously undermines the civil justice system. Either litigation * Dean, Faculty of Law, University of Windsor, Canada. ** Associate Professor, Faculty of Law, University of Windsor, Canada. 1

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