TheJudge Canada was invited to attend the Ontario Bar Association Institute conference on 5th February on Civil Litigation, discussing the most recent and relevant issues impacting litigation practices in Ontario under the title “Litigating in a New Era”. The conference focused in part on whether the use of third party litigation funding and ATE insurance is providing plaintiffs with greater access to justice supporting law firms adopting more alternative billing arrangements in Canada.
Matthew Amey of TheJudge spoke alongside Gary Hodder of Hodder Wang LLP on the topic of After the Event insurance coverage. Amongst other things, Gary summarised the extent to which ATE insurance products can be used to support security for costs in Ontario as well as the developing (and conflicting) court authorities on the potential to recover the premium from the unsuccessful opponent. Matthew explained how the evolution of the ATE market in Canada is mirroring the development of the market in England & Wales whilst acknowledging some of the key differences between the jurisdictions. Matthew also illustrated how “WIP Insurance”, a product similar to ATE but designed to cover the law firm’s risk under contingency fees, can aid law firms in delivering risk bearing retainers to meet the growing demand of their clients to share their risk. The panel recommended lawyers in Ontario continue to better acquaint themselves with the insurance products and their application in Canada, extolling the virtues of responding to clients’ demand for more and better funding options whilst also acknowledging that at some stage clients will be entitled to expect the existence of these products are properly explained to them.
If you would like to discuss a case which requires insurance or funding please contact one of our team: