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50 J A N U A R Y 2 0 1 7 w w w . C A N A D I A N L a w y e r m a g . c o m wrote then-Associate Chief Justice Dennis O'Connor in McIntyre Estate v. Ontario. "Indeed, there is a strong case to be made that the continuation of a per se prohibi- tion against contingency fee agreements actually tends to defeat the fundamental purpose underlying the law of champerty — the protection of the administration of justice," he stated. At the same time, the Court of Appeal cautioned that con- tingency fees should be regulated, the amounts should be controlled and courts needed to play an oversight role. "Fairness to clients must always be a paramount consideration," wrote O'Connor. Those principles have been applied by judges deciding on the merits of third- party funding agreements, most notably Ontario Superior Court Justice Paul Perell. In his 2013 decision in Bayens v. Kinross Gold Corporation, the judge set out a number of conditions for court approval in a class action context. The agreement itself was not a privil- eged document, ruled Perell. As well, the conditions included requirements that the terms do not compromise the lawyer's duties to the client and that the role of the representative plaintiff is not diminished. Exactly what must be disclosed to a defendant when there is an outside fund- ing agreement has not been settled in Canada. Monique Jilesen, a partner at Lenczner Slaght Royce Smith Griffin LLP in Toronto, says there should be some disclosure to the defence about the terms of the funding. "Are they indem- nified for costs? If not, the defence has the right to know," she says. In one of his rulings in this area, Perell concluded it was acceptable, although not always necessary, for a third-party funder to pay security for the defendant's costs. Other courts have concluded that sealing orders and ex parte hearings YOU DON'T WANT TO TELEGRAPH TO YOUR OPPONENT HOW WELL FUNDED YOU ARE. THAT IS BECAUSE THEY CAN MOTION YOU TO DEATH. REYNOLD ROBERTSON, Robertson Stromberg LLP New Edition British Columbia Supreme Court Rules Annotated 2017 Allan P. Seckel, Q.C., and James C. MacInnis Digests prepared by Beth Hepburn, of OnPoint Legal Research British Columbia Supreme Court Rules Annotated 2017 delivers valuable insights on how to navigate the rules: • Full text of the British Columbia Supreme Court Rules, Forms and Appendices • Expert commentary and case annotations for the B.C. Supreme Court Rules • Supreme Court Family Rules, Forms and Appendices • Court of Appeal Rules, Forms, and Appendices • Other pertinent acts including Class Proceedings Act, Court Jurisdiction and Proceedings Transfer Act, Court of Appeal Act, Court Order Interest Act, Evidence Act, and Interpretation Act • A convenient CD-ROM and customizable forms New in this Edition • Legislative amendments: — To the Supreme Court Civil Rules up to and including B.C. Reg. 3/2016 — To the Supreme Court Family Rules up to and including B.C. Reg. 4/2016 — To the Court of Appeal Rules up to and including B.C. Reg. 6/2016 — To the Class Proceedings Act — To the Limitations Act — To the Interpretation Act • Annotations reflecting all recent developments, including: — B.(E.) v. British Columbia (Director of Child, Family and Community Services) (2016 B.C.C.A.) — Magdalena v. Vancouver Coastal Health Authority (2016 B.C.C.A.) — Radcliffe v. Strata Plan KAS1436 (2015 B.C.C.A.) — Nixon v. Pickton (2015 B.C.S.C.) • Addition of the following Supreme Court Practice Directions: — PD-48 Video Recording or Broadcasting of Court Proceedings — PD-49 Applications Made by Requisition Rules 5-1(3), 5-2(3)(a), 5-3(b), 12-2(4) and 23-5(4) — PD-50 Practice Direction Masters' Jurisdiction — PD-51 Consent Order to Dispense with Trial Management Conference in Civil Cases (July 1, 2016) • Addition of the following Court of Appeal Practice Directives and Practice Notes: — Electronic Media in Appeal Books — Extradition Appeals Order # 987127-65203 $115 Softcover + CD-ROM approx. 2080 pages September 2016 978-0-7798-7127-8 Annual volumes supplied on standing order subscription Multiple copy discounts available Practice Advisor available on standing order subscription upon request 00240DD-84373-65203-SK Shipping and handling are extra. Price subject to change without notice and subject to applicable taxes. Available risk-free for 30 days Order online: www.carswell.com Call Toll-Free: 1-800-387-5164

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