What is the effect of the rule against maintenance and champerty in a personal injury action?
Ontario, Canada
The following excerpt is from Ingle v. ACA Assurance, 2005 CanLII 39682 (ON SC):
The rule against maintenance and champerty is intended to protect vulnerable litigants from abuse. The courts have held that a party’s motive is determinative of the question of whether there has been maintenance or champerty. A person who is not a stranger to an action and who has a legitimate and genuine business interest in it has the right to participate in, or maintain the action to protect his interests: McIntyre Estate v. Attorney General of Ontario, supra at 266.
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