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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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Announcements Consumer

Golden Pear Upsizes Corporate Note to $78.7M Amid Growth Plans

By John Freund |

Golden Pear Funding has extended and upsized its investment-grade corporate note to $78.7 million, further bolstering the firm's capacity to serve the expanding litigation finance sector. The New York-based funder, a national leader in both pre-settlement and medical receivables financing, said the proceeds will support working capital and fuel strategic growth initiatives.

A press release from Golden Pear outlines how the capital raise reflects continued investor confidence in the firm’s business model. CEO Gary Amos noted that the infusion is critical as Golden Pear seeks to scale alongside the “rapidly expanding litigation finance market.” CFO Daniel Amsellem added that the new funding aligns with the company’s capital allocation strategy, aimed at optimizing operational efficiency and executing strategic projects.

Brean Capital, LLC acted as the exclusive financial advisor and sole placement agent on the transaction.

Founded in 2008, Golden Pear has funded more than $1.1 billion to over 87,000 clients and remains one of the largest specialty finance companies in the U.S. Its business model spans legal case funding and medical receivables purchasing, with backing from a network of private equity partners that provide institutional support for continued expansion.

Announcements Regulatory Issues

LionFish Updates Model Documents in Response to CJC Report

By John Freund |

LionFish Litigation Finance Ltd has released a new suite of model litigation funding documents, updating its original set from February 2021. The revision comes on the heels of the Civil Justice Council's (CJC) Final Report on Litigation Funding, issued on 2 June 2025, which calls for a regulatory structure informed by best practices, including key principles published by the European Law Institute (ELI) in October 2024.

A LionFish press release details that the updated suite incorporates several of the ELI Principles (notably 4-12) and broader CJC recommendations, except where doing so would require legislative or procedural reform. LionFish's goal, according to Managing Director Tets Ishikawa, is not to dictate market norms but to foster industry-wide standardisation and efficiency. This proactive move is also intended to spark further collaboration between funders, insurers, and legal practitioners to develop trade practices akin to those in mature financial markets, such as those promoted by the Loan Market Association and the International Swaps and Derivatives Association.

The new suite includes three core documents: a litigation funding agreement, a priorities deed to define proceeds distribution, and an assignment deed for insurance benefits. Notably, LionFish has also added documentation for co-investment arrangements, reflecting a growing trend in syndicated funding deals. The funder has already closed seven such transactions.

Managing Director Tanya Lansky emphasised that while litigation funding remains complex, making documentation public enhances transparency and facilitates quicker deal closings—an essential factor for sustaining market growth.

As litigation finance continues to mature, this move by LionFish highlights a shift toward professionalisation and standardisation. With regulators increasingly focused on transparency and fairness, such initiatives may set a de facto benchmark for others in the industry. The question remains: will other funders follow suit, or will regulatory mandates be needed to compel alignment?

Announcements Commercial Legal Innovation

Backlit Capital Solutions Launches Legal Finance Consultancy

By John Freund |

Backlit Capital Solutions has announced the launch of its full-service legal finance consultancy. The firm aims to provide comprehensive funding solutions for legal claims, offering services that include litigation finance, arbitration funding, and judgment enforcement strategies.

An article in PR Newswire states that Backlit Capital Solutions is positioning itself as a comprehensive provider in the legal finance sector, aiming to serve a diverse clientele that includes claimants, law firms, lenders, and investors. The firm's service offerings encompass litigation finance, arbitration funding, and judgment enforcement strategies, indicating a broad approach to legal funding solutions.

The launch of Backlit Capital Solutions reflects a growing trend in the legal finance industry, where firms are expanding their services to address the multifaceted needs of legal claimants and their representatives. By offering a suite of services under one roof, Backlit Capital Solutions aims to streamline the funding process and provide tailored solutions to its clients.

As the legal finance landscape continues to evolve, the entry of firms like Backlit Capital Solutions underscores the increasing demand for specialized financial services in the legal sector. Their comprehensive approach may set a new standard for how legal finance consultancies operate, potentially influencing the strategies of existing and emerging players in the market.