Litigation Insurance and Financing

Advancing specific claims through Canada’s Specific Claims Process or by way of litigation before the Specific Claims Tribunal (including potential appeals to Federal Court and the Supreme Court of Canada) can be very expensive for First Nations with limited resources to bear these costs. Having sufficient resources helps to level the playing field and relieve the burden of financial pressure.

Recognizing the needs of its First Nations clients Maurice Law has established relationships with a number of institutions in order to offer a "one-stop-shop" for services, indemnities and funding to advance a specific claim and efficient management of compensation awards or settlement monies pursuant to a successful resolution.

Specifically, Maurice Law has negotiated the terms of an exclusive agreement with a U.K. insurance company to secure low cost financing by way of a loan which is used to cover the costs associated with advancing a specific claim. The loan would cover all costs associated with advancing the claim. If we are retained, Maurice Law would seek to obtain an insurance policy for each claim your First Nation has which will act as security to access financing so the client can proceed on a “no win, no pay” arrangement. This means that the First Nation would not be required to pay any costs for legal fees, expert reports, premiums, loan interest, or any other costs unless we are successful.

The provision of the insurance guarantee allows our First Nations clients to secure low-cost financing by way of a loan which is used to cover all costs associated with advancing a specific claim. These costs include legal fees, disbursements, expert reports, insurance premiums and compound interest.

The guarantee provided by the insurer to the financial institution obviates the need for any additional collateral to be provided to the financial institution with assurance that the loan will be repaid by the insurer should the claim be unsuccessful or the settlement amount prove insufficient to meet the full loan amount.

After Maurice Law secures an award or settlement for its clients, we encourage clients to think about the future of their communities. Maurice Law values assisting First Nations protect future generations through the creation of legacies for communities. By helping our clients to navigate the management of their compensation monies, we can assist clients plan for the livelihood of their future members.

We travel to First Nations communities to provide information and engage communities in the development of their trusts. We provide legal advice about trust structures that have proved effective in assisting First Nations achieve financial independence.

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