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Indemnity and funding agreements: an issue of privilege

A recent Ontario Superior Court of Justice decision highlights important legal issues concerning privilege as it relates to indemnity and funding agreements, says BridgePoint Indemnity Company Chairman and CEO John Rossos.

“This matter is instructive because it emphasizes the need for counsel to claim privilege for these types of agreements to ensure the client’s interests are properly protected,” he tells AdvocateDaily.com.

“It’s important for counsel to understand that litigation privilege applies to legal cost protection agreements. If lawyers disclose the key terms of litigation financing and legal cost indemnity agreements it compromises their clients’ legal claims by giving the defendant access to the fundamental elements of their litigation strategy. In particular, this will have important implications for the commercial and class action bars where litigation risk management involves more complex financing and indemnity arrangements for substantially higher dollar values.”

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