TLABC Litigation Committee Criteria

Appeals and Interventions

The TLABC Litigation Committee is poised to hear your case and assist where possible. 

TLABC members are invited to forward suggestions to this committee. Cases must involve matters of importance to TLABC, particularly issues pertaining to the rights of individuals, especially where such rights are under threat by policies or actions of governments and/or insurance companies.

In general, the committee will consider matters where: a person’s access to the courts is diminished, the independence of either the Bar or the Judiciary is threatened and situations that unjustifiably limit a person’s ability to recover damages from those who wronged them. Priority is given to requests arising from BC-based proceedings.

Applicants for funding must demonstrate they have exhausted all other sources. Also, applicants are required to repay TLABC a proportionate share of increased awards in the event of a successful appeal, as well as a proportionate share of any costs awarded to the applicant in the appeal or leave-to-appeal application.

All requests for funding should be sent to TLABC Chief Executive Officer Shawn Mitchell by email (shawn@tlabc.org) or Direct Line 604 696-6517.

Criteria to be Applied by the Litigation Committee in Considering Applications for TLABCFunding to Advance or Resist an Appeal or Seek Intervenor Status

1.   The proceedings/appeal must involve issues that are of general importance to the TLABC, particularly issues that:

A.      Concern the protection of the rights of individuals, especially in circumstances where the rights of individuals are threatened by the policies/actions of insurance companies and/or large corporations.

B.      Threaten or infringe upon the individual's right to a trial by his peers -by a jury.

C.      Would limit access by the citizenry to the courts.

D.      Threaten the independence of the Bar.

E.      Threaten the independence of the Judiciary.

F.       Threaten to unduly limit a victim's right of and scope of recovery against wrongdoers.

2.   Priority will be given to requests arising from British Columbia proceedings, including applications for leave to appeal and appeal to the Supreme Court of Canada from judgments of the B.C. Court of Appeal.

3.   TLABC funding is a funding source of "last resort". Prior to securing TLABC funding, the applicant must be able to demonstrate that he/she has explored alternative sources of funding, including:

A.      His/her personal resources.

B.      Contribution from the applicant's law firm, especially in circumstances where the applicant's counsel will monetarily benefit from successfully appealing or, alternatively, successfully resisting an appeal from a lower court judgment.

C.      The applicant's employment organization, trade organization and/or union.

D.      Contribution from other interested parties, including other law firms that have cases directly affected by the outcome of the decision.

E.      Seeking an order for costs, contribution or funding in circumstances where the opposing party is advancing the proceedings as a test case.

4.   The applicant should generally be prepared and will be required to repay TLABC a proportionate share of the increased award realized from a successful appeal and a proportionate share of any costs awarded to the applicant in the appeal or leave to appeal application.

5.   There should be a consensus between the applicant and TLABC as to the counsel who will be retained to act in the appeal/leave to appeal application.