Day 1 - Wednesday, October 21, 2015

10:45
Networking Refreshment Break

Day 2 - Thursday, November 19, 2015

7:45
Registration Opens and Refreshments are Served
8:45
Opening Remarks from the Co-Chairs
9:00
OPENING FEATURE PRESENTATIONLitigation Funding: the Past, the Present and the Future from a Global Perspective
9:45
Litigation Funding as Access to Justice
10:45
Networking Refreshment Break
11:00
Legal Expense Insurance: Providing Security in the Event of Litigation
11:45
Regulation of Litigation Funding in Canada: What Legislation Governs and Who Regulates?
12:15
Networking Luncheon for Delegates and Speakers
1:15
Third Party Funding in Commercial Arbitrations
2:15
Commercial Litigation Funding for Canadian Law Firms: Accelerate Profits and Reduce Risk
3:15
Networking Refreshment Break
3:30
Litigation Funding as an Investment Opportunity
4:30
Closing Remarks from the Co-Chairs, Conference Adjourns

Day 3 - Friday, November 20, 2015

8:00
Refreshments are Served
8:30
Opening Remarks from the Co-Chairs
8:45
Litigation Funding in Class Actions — Key Updates on Legislation and Jurisprudence in Canada
9:45
The Ethics of Litigation Funding
11:00
Disclosure of Litigation Funding Agreements
12:00
Networking Luncheon for Delegates and Speakers
1:00
Integrated Litigation Risk Management — the Next Generation of Litigation Finance
2:00
Litigation Funding as a Means to Protect Entrepreneurs, Start-Ups and Intellectual Property
3:00
Litigation Funding from a National and Internationa Perspective — a Panel Discussion
4:15
Closing Remarks from the Co-Chairs, Conference Concludes

Day 1 - Wednesday, October 21, 2015

10:45
Networking Refreshment Break

Day 2 - Thursday, November 19, 2015

7:45
Registration Opens and Refreshments are Served
8:45
Opening Remarks from the Co-Chairs
9:00
OPENING FEATURE PRESENTATIONLitigation Funding: the Past, the Present and the Future from a Global Perspective

Susan Dunn – U.K.
Head of Litigation Funding
Harbour Litigation Funding Limited

  • How we got here – a canter through litigation funding prior
    to 2015
  • Where we are now – who is using litigation funding and where?
  • Where does Canada sit in the league table of funding-friendly
    jurisdictions?
  • The positive influences of litigation funding, and the issues that
    continue to arise
  • Observing differences in law firm and client demands — what
    is stopping Canadian firms and clients from using litigation
    funding more widely?
  • The future for litigation funding and its impact on the way in
    which litigation and arbitration is conducted — will Canada
    become a world leader in funding?

9:45
Litigation Funding as Access to Justice

Marie-Andrée Vermette
Partner, Litigation
WeirFoulds LLP

Loudon F. Owen
Principal
Upstream Partners Inc.

  • Understanding the history of litigation funding: from illegal and
    champertous to legal and necessary
  • The courts’ evolving view in Canada: cautious judicial
    encouragement of litigation funding as an access to justice tool
  • How litigation funding increases access to justice
  • Addressing the “floodgates” argument: whether litigation
    funding creates a “flood” of claims overwhelming the Canadian
    judicial system

10:45
Networking Refreshment Break
11:00
Legal Expense Insurance: Providing Security in the Event of Litigation

David Smagata
Vice-President & Chief Legal Officer
DAS Canada

Nicholas Robson
Manager, ATE & Special Initiatives
DAS Canada

  • Purchasing Legal Expense Insurance (LEI) — an affordable way
    for Canadian consumers and business owners to obtain access
    to justice
  • Before The Event (BTE) Insurance v. After The Event (ATE)
    Insurance — examining the different products on the market
  • Understanding the types of claims LEI does and does not apply
    to in Canada
  • Regulation of LEI in Canada — whether the Insurance Act applies
    and avoiding potential pitfalls
  • Applying an insurance angle to litigation funding — how the
    relationship between lawyer, client and insurer works, and how
    it differs from other models of litigation funding
  • Looking to potential future LEI products as the Canadian legal
    insurance market adapts and grows

11:45
Regulation of Litigation Funding in Canada: What Legislation Governs and Who Regulates?

Jacqueline A. Horvat
Lawyer, Sutts, Strosberg LLP
Bencher, Law Society of Upper Canada

Poonam Puri
Affiliated Scholar
Davies Ward Phillips & Vineberg LLP

  • Understanding how commercial litigation funding is regulated
    in Canada today and by which bodies
  • Examining who should regulate litigation funding in Canada:
    the courts, the Law Societies, or the provincial or federal
    legislatures
  • Is self-regulation possible or desirable? The possibility of an
    association of litigation funders in Canada and self-regulation
    through a Code of Conduct
  • An overview of how litigation funding is regulated in other
    jurisdictions and what lessons we can learn from those
    jurisdictions

12:15
Networking Luncheon for Delegates and Speakers
1:15
Third Party Funding in Commercial Arbitrations

Mick Smith
Partner & Co-Founder
Calunius Capital LLP

Robert Wisner
Partner & Co-Chair of International Arbitration
McMillan LLP

Martin J. Valasek
Partner & Head of International Arbitration
Norton Rose Fulbright Canada LLP

  • Analyzing the suitability of third party funding for domestic
    and international arbitrations
  • How parties to an arbitration can structure the arbitration
    process and anticipate solutions to ethical issues
  • Whether parties to an arbitration have to disclose their litigation
    funding agreements
  • Appreciating the challenges to litigation funders and the parties
    as arbitrators become more sophisticated and informed on
    litigation funding
  • Avoiding potential conflicts of interest for arbitrators who are
    still practicing law — setting up ethical walls and other tools to
    avoid conflicts of interest

2:15
Commercial Litigation Funding for Canadian Law Firms: Accelerate Profits and Reduce Risk

Jim Batson
Investment Manager & Legal Counsel
Bentham IMF

As the market for legal services in Canada continues to grow more
competitive, and profit margins on existing business get squeezed,
clients are demanding alternatives to the hourly billing model

  • Commercial Litigation Funding (CLF) enables law firms to
    win more business, increase the profitability of existing
    business, and offer clients a broader array of alternative
    fee arrangements
  • Learn how CLF enables lawyers to:
    • Generate more client engagements
    • Increase profits from existing litigation matters
    • Provide a risk-reduction solution to corporate clients
    • Enhance the value that the law firm brings to its clients
    • Avoid ethical pitfalls
    • Enable the law firm to offer a broader array of alternative
      fee arrangements
    • Align the law firm’s and its clients’ interests
    • Help clients hold out for better settlements
    • Afford top quality experts

3:15
Networking Refreshment Break
3:30
Litigation Funding as an Investment Opportunity

Charles Agee – U.S.
Founder & CEO
Westfleet Advisors

Manish K. Mital
General Counsel, Managing Principal
Halcyon Asset Management LLC

  • Understanding litigation funding as an investment opportunity
    — how it works
  • Using investment tools in the litigation funding context —
    analyzing which tools are on the market and which are most
    appropriate for you
  • Reviewing the transparency of litigation funding investments in
    public companies v. private companies — the advantages and
    disadvantages of public disclosure
  • Comparing the success of litigation funding investments with
    other types of investment — why US and other private equity
    and venture capital firms are investing in litigation
  • Appreciating the ethics of non-lawyer investment in a lawsuit
    — practical tips for counsel, client and funder to avoid ethical
    concerns

4:30
Closing Remarks from the Co-Chairs, Conference Adjourns

Cocktail Reception
4:30 – 6:00 PM

Day 3 - Friday, November 20, 2015

8:00
Refreshments are Served
8:30
Opening Remarks from the Co-Chairs
8:45
Litigation Funding in Class Actions — Key Updates on Legislation and Jurisprudence in Canada

Kirk M. Baert
Partner & Head of Class Actions Group
Koskie Minsky LLP

Jay Strosberg
Partner
Sutts, Strosberg LLP

  • Reviewing the latest developments and key trends in third party
    litigation funding of class actions in Canada
  • Examining the current requirement for judicial “pre-approval”
    of litigation funding agreements in class actions — how
    transparency and judicial review ensures there are no abuses
    or interference with the administration of justice
  • Striking the ethical balance — the importance of litigation
    funding agreements not compromising or impairing the lawyer’s
    underlying ethical obligations to the client and the court
  • Avoiding inadvertent waiver of confidentiality and privilege —
    taking care not to include privileged or confidential information
    in litigation funding agreements that may be disclosed to the
    court, opposing counsel and the public at large

9:45
The Ethics of Litigation Funding

Prof. Noel Semple
Professor – University of Windsor
2014–15 OBA Chief Justice of Ontario Fellow in Legal Ethics and Professionalism Research

  • Understanding how litigation funding may affect the roles
    of lawyers with respect to their clients and the administration
    of justice
  • Identifying traditional ethical concerns underlying resistance to
    litigation funding
  • Reconciling litigation funding with lawyers’ professionalism and
    independence

11:00
Disclosure of Litigation Funding Agreements

George J. Pollack
Partner, Litigation
Davies Ward Phillips & Vineberg LLP

  • Disclosure of solicitor-client privileged information by the
    lawyer to a litigation funder during the due diligence process —
    is this privilege waived? Does common interest privilege apply?
  • Recommending non-disclosure agreements between the
    parties and other best practices to avoid potential ethical issues
  • Understanding the circumstances in which Canadian courts
    may order disclosure of litigation funding agreements
    (wholly or partially) to the other party or to the public,
    and the consequences thereof to your client
  • Appreciating what information must be disclosed and may
    be disclosed in a litigation funding agreement — and how to
    advise your client accordingly
  • Avoiding disclosure of privileged and confidential information
    — examining the extent to which litigation privilege and other
    types of privilege may apply to disclosure of litigation funding
    agreements

12:00
Networking Luncheon for Delegates and Speakers

PANEL

1:00
Integrated Litigation Risk Management — the Next Generation of Litigation Finance

John P. Rossos
Principal & Co-Founder
BridgePoint Financial Group

Matthew Williams
Head of AmTrust Law
AmTrust Europe Limited

David Knowles
Chief Risk Officer
BridgePoint Indemnity Company (Barbados) Inc.

  • Risk management models are evolving from individual claims to
    portfolio and practice risk management
  • Importance of offering integrated solutions for both finance and
    indemnity protection to create customized solutions for lawyers
    and their clients
  • Defining objectives for establishing a proper risk management
    framework
  • Challenges and Risks
  • Key Benefits and Opportunity

2:00
Litigation Funding as a Means to Protect Entrepreneurs, Start-Ups and Intellectual Property

Boaz Weinstein
Co-Founder & Principal
Lake Whillans Litigation Finance

Jonathan Piurko
Managing Director
Northwater Capital Management Inc.

  • How litigation funding can help entrepreneurial firms fight back
    against larger, wealthier companies that steal their intellectual
    property, breach contracts, or commit other torts against them
  • How to “bet on the little guy” — what market analysis is required
    before investing?
  • Identifying your target market — small and medium-size
    businesses, occasionally backed by venture capital or private
    equity, that can’t afford expensive lawyers or need to continue
    to expand or run their businesses during litigation
  • Understanding the “young” third party commercial litigation
    funding market — why emerging and “disruptive” business
    models need the protection of litigation funding providers to
    grow in a capitalist system

PANEL

3:00
Litigation Funding from a National and Internationa Perspective — a Panel Discussion

Tania Sulan – Australia/Canada
Investment Manager
IMF Bentham Limited

Susan Dunn – U.K.
Head of Litigation Funding
Harbour Litigation Funding Limited

Charles Agee – U.S.
Founder & CEO
Westfleet Advisors

  • What should clients look for in a funder — capacity/capital
    adequacy, transparency, experience, niche expertise, risk
    profile, regulation
  • Due diligence process — differences that exist between
    jurisdictions and why
  • Determining what cases are suitable for funding
  • What funding models exist and how they might be relevant to
    the various Canadian jurisdictions
  • How litigation funding and legal expense insurance interact
  • What factors influence the products available — e.g. adverse
    costs, contingency fees, risk sharing arrangements
  • Control, confidentiality, termination and how these issues are
    dealt with in different jurisdictions — some practical examples

4:15
Closing Remarks from the Co-Chairs, Conference Concludes