Many thanks to Professor Jasminka Kalajdzic, of the University of Windsor Law School, who provided the funding agreement (pdf at link.) In future posts we will contrast this contract’s approach to our draft model contract’s. Two overarching differences between this contract and the model are important to note at the outset, however. One is that it finances a class action, which is different than the kind of claim considered by the model. The second is that the financing contract is mostly a kind of insurance against an adverse costs order (in Canada the loser pays costs and fees), rather than financing the conduct of the claim.
Without further ado, here’s the contract: