Supreme Court of Canada agrees to hear an appeal in a case funded by Bentham IMF involving lawsuit against Callidus Capital Corporation

Bentham IMF Capital Limited (Bentham) is pleased to announce that the Supreme Court of Canada (SCC) has agreed to hear an appeal in a matter that Bentham is funding. As a result, Canada’s highest court will hear arguments for the first time relating to the important role of modern litigation funding in providing access to justice for parties, including those who are insolvent or bankrupt.

The SCC will consider certain important questions, including if and how an insolvency court can approved a litigation funding arrangement (a case summary provided by the SCC is available here). This appeal does not directly relate to the merits of the underlying litigation that Bentham is funding, which is a claim for approximately $228 million by two insolvent entities (f.k.a. Bluberi Gaming Technologies Inc. and Bluberi Group Inc.) at al. against Callidus Capital Corporation, Catalyst Capital Group Inc., Newton Glassman et al.

In a typical year, about 500 applications are made for permission to bring an appeal before the SCC, with the Court granting about 10% of such applications. In order for a matter to be granted permission, the SCC must be satisfied that it raises questions of public importance.

A hearing before the SCC in this matter will likely take place in early 2020.

For more information about this decision, including copies of court filings, please contact Bentham IMF at the coordinates below.

Bentham background

Bentham is the Canadian arm of publicly-traded IMF Bentham Limited (ASX:IMF), which has 14 offices in Australia, Canada, the US, Asia and Europe. IMF has built its reputation as a trusted provider of innovative litigation funding solutions and has established a diverse portfolio of litigation funding assets, assisting clients with meritorious claims across a range of industries and jurisdictions.

As a pioneer of litigation funding in Australia since 2001, IMF has played a significant role in the development of a global industry. IMF has a highly experienced litigation funding team overseeing its investments. As of 31 December 2018, it has achieved a 90% success rate across 184 completed cases, thereby generating AUD$2.3 billion in recoveries.

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