Is a third party funding agreement privileged or not?
Ontario, Canada
The following excerpt is from Fehr v. Sun Life Assurance Company of Canada, 2012 ONSC 2715 (CanLII):
Applying the approach of Donell v. GJB Enterprises Inc., supra, to the case at bar, yields the conclusion that either the third party funding agreement is a document independent of the communication of legal advice and not privileged or the presumption of privilege has been rebutted.
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