New BC Court of Appeal ruling on Litigation Financing

The BC Court of Appeal has ruled that third-party financing for disbursements is not a recoverable disbursement under Rule 14-1(5) of the BC Civil Rules. In the anxiously anticipated ruling in MacKenzie v. Rogalaski, 2014 BCCA 446, the 3-judge sitting of the BCCA admitted that its conclusion was inconsistent with ruling of the New Brunswick Court of Appeal LeBlanc v. Doucet, 2012 NBCA 88 and the Ontario Court of Appeal ruling in Herbert v. Brantford (City), 2012 ONCA 98. A further appeal to the Supreme Court of Canada should be anticipated.