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LEGAL REPORT/Litigation years or so," she says. "This is another way to level the playing field between the class and very well resourced defendants, and provide enhanced access to justice. They're providing a means whereby very worthy cases can move forward that could not otherwise be brought." In Bayens, the plaintiffs, members of the Musicians' Pension Fund of Canada, accused Kinross and four of its senior offi- cers of making misrepresentations in public filings about the company. After considering their application for six months, the Class Proceedings Fund turned it down, so the plaintiffs turned to Harbour Litigation Funding, an international funder with stakes in disputes around the globe. The agreement approved by Perell will see Harbour indemnify the plaintiffs for adverse costs of up to $1 million for the CANADIAN PATENT REPORTER EDITED BY MARCUS GALLIE, RIDOUT & MAYBEE LLP FOURTH SERIES (VOLUMES 1 TO 65): EDITED BY GLEN BLOOM, OSLER, HOSKIN & HARCOURT LLP FIRST, SECOND AND THIRD SERIES: EDITED BY GOWLING, STRATHY & HENDERSON FOUNDING EDITOR: GORDON F. HENDERSON, C.C., Q.C., LL.D. Let the experts help you to narrow your search and save you research time. Canadian Patent Reporter has been Canada's leading intellectual property law report since 1942. This renowned resource, available online and in print, includes precedent-setting intellectual property law judicial and board decisions from across Canada. This publication provides practitioners with the leading decisions on patent, industrial design, copyright and trade-mark law. Topical catchlines in bold print show the key issues involved in each decision. Expert case selection, editing and headnoting are a tradition with Canadian Patent Reporter. Weekly updates via email and in print, plus an annual cumulative index volume, ensure that this publication continues to be the prime reference source for intellectual property case law. INCLUDES eREPORTS (weekly electronic pdf version) Stay current as cases are issued with eReports emailed weekly to your desktop, with topically indexed case summaries linked to the full text judgments. CANADA LAW BOOK® 46 Jan uary 2014 www.CANADIAN L a w ye r m a g . c o m ORDER # A26520 $457 price per volume Subscription price includes parts, bound volume and eReports Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. AVAILABLE RISK-FREE FOR 30 DAYS Order online at www.carswell.com Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 motions for certification and leave, and up to $5 million more for any common issues trial. In return, Harbour will get 7.5 per cent of net recovery to the class if resolved before certification, and 10 per cent of the net recovery afterwards. In his decision Perell highlighted key principles supporting the agreement's approval, distilled from the developing case law, including: • Third-party funding agreements are not necessarily illegal as champertous, although a particular agreement could be; • Agreements must be promptly disclosed to the court, transparent, and scrutinized for potential abuse; • The funding agreement is not privileged; • To be approved, the agreement must not impair the lawyer's carriage of the litigation, or the representative plaintiff's rights to instruct and control the litigation; • The court must be satisfied the agreement is necessary to provide the class members access to justice before approving it; • To approve an agreement, the court must be satisfied it is fair and reasonable to the class, and does not over-compensate the funder; and • It is acceptable to include a term requiring the third-party funder to pay into court security for the defendant's costs. Susan Dunn, head of litigation funding at Harbour, says her company got involved thanks to the Canadian connections of fellow co-founder, former Osler Hoskin & Harcourt LLP lawyer Brett Carron. She says Ontario class actions are a natural extension for the firm. "The general approach to litigation — how you plead, how you budget, and the fact of adverse costs — gives it a familiar feel," says Dunn. Harbour is not the only international player involved in the Canadian market. Ireland-based Claims Funding International has also received court approval for its funding agreements with plaintiffs in high-profile cases involving Sino-Forest Corp. and Manulife Financial Corp. The company actually has its roots in Australia, having been set up by members of Maurice Blackburn, one of the country's leading class action firms. Ireland's attractive business tax rate accounts for the Dublin address of its headquarters. Third-party funding of class actions has thrived in Australia, partly because lawyers

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