Yes, it has already been approved by Courts in Ontario in cases such as:

• Lewis v. Uber Canada Inc. et al., 2023 ONSC 4627

• Trueman v. Rogers Communications Canada Inc., 2024 ONSC 5334

Our policies can provide cover for two critical aspects of class actions:

• Own Side’s Disbursements Protection – insurance that covers case-related disbursements if the case is unsuccessful.

• Adverse Costs Protection - insurance that covers the risk of paying an opponent’s legal costs if the case is unsuccessful.

You can choose between own side’s disbursements protection, adverse costs protection, or both. We listen to your requirements and offer a variety of solutions for your matter.

Indemnities are available from $500,000 to $20m. Further limits are available by application.

No, the premium is fixed at inception and is typically lower than the Fund's uncapped share of damages. Litigation insurance offers increased predictability of cost and is not subject to interest. Policies also typically have a term that protects against small settlement figures; the premium is automatically reduced to ensure that it remains below the amount the Class Proceedings Fund would have charged.

Not usually. Almost all the policies we arrange have premiums which  are “deferred and contingent upon success” or “self-insured.” This means that no premium is payable if the case is lost or discontinued. There is no deduction from the level of insurance coverage in place to pay the premium.

Yes. Premiums can be deferred until successful conclusion, with no upfront premium due.

No. The premium rate is set once the policy is bound, giving you and your client the certainty of the cost.

The policies we arrange can strengthen a law firm's position in a carriage motion. Courts in Canada are increasingly considering litigation funding and insurance arrangements during carriage motions and certification hearings.

Litigation insurance can support better financing terms for disbursements as the law firm’s invested capital is insured. This can reduce the amount of third-party funding required and relieve law firm’s internal financial pressures.

Litigation insurance can also provide plaintiffs with peace of mind, knowing that their personal assets are protected—allowing the law firm to focus on negotiation and maximizing potential recoveries.

Yes, litigation insurance has been approved for security for costs by courts in Canada.

Yes, but the earlier the better. The sooner the insurer can assess your case, the more likely they are to offer favourable terms.

No, the policy provides financial security without interfering in the case strategy.

All cases are individually assessed to ensure that the prospects of success are greater than 60%. To enable a quick assessment of the case, the underwriter requires as much of the following information and documentation when submitting a request for quotation as available:

• Completed application form

• Statement of claim

• Documentation to substantiate your claim

• Defendant response (if available)

• Information in respect of the defendant’s ability to satisfy a judgement