Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses litigation loans.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week, and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Kimberley Isbister was injured in a motor vehicle accident and didn’t have the money right away to finance the complex and lengthy litigation that she would need to go through. Ms. Isbister claimed recovery of the interest on the litigation loan that she took out.
The Bc Supreme Court denied giving her the interest payments back, the Court of Appeal agreed and she sought leave to the Supreme Court of Canada which was denied.
This case was a missed opportunity for the Supreme Court of Canada to clarify how people get their money back in circumstances of litigation loans and in circumstances where they don’t have the financial resources to take their case to court without seeking out these loans.
Watch the video for more.
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Hi Kyla, excellent video. It poses the question to me as to the possibility of this happening again in the future. How could it be handled differently in court to change the precedent set by this previous conclusion? Different judge, different result? Not a good result for the less advantaged financially. Interest charged is money out of the pocket of the person involved needed to carry on with their recovery and life.