ALBERTA ELECTRIC SYSTEM OPERATOR v KALINA DISTRIBUTED POWER LIMITED, 2021 ABCA 354
3.74: Adding, removing or substituting parties after close of pleadings
14.57: Adding, removing or substituting parties to an appeal
14.58: Intervenor status on appeal
14.37: Single appeal judges
The Applicant applied to be added as a Respondent or, in the alternative, as an Intervenor, in an Application for permission to appeal a decision of the Alberta Utilities Commission.
Rule 14.57 states that parties may be added to an Appeal in accordance with Rule 3.74, which permits parties to be added by the Court on application where “the Court is satisfied the order should be made.” The Court also has inherent power to add parties to an Appeal.
To be added as a party Respondent, the Applicant was required to satisfy the three-part test: (i) a legal interest in the matter; (ii) it is just and convenient; and (iii) its interest would be adequately protected only if it was granted party status.
Parties may be granted permission to intervene by a single Appeal Judge pursuant to Rule 14.37(2)(e) and Rule 14.58. An Applicant seeking intervenor status must establish that it will: (i) be directly and significant affected by the appeals outcome; and (ii) provide some expertise or fresh perspective that will be helpful in resolving the appeal.
Ultimately, the Court found that the Applicant demonstrated it had a legal interest in the outcome of the proceeding, including a statutory mandate to carry out its duties for the safe, reliable, and economic operation of the interconnected electric system and to promote a fair, efficient, and openly competitive electricity market. Further, it was just and convenient that the Applicant be added as a party given its mandate. As the Applicant indicated it would keep to the scheduled set for the proceedings, no delay or prejudice would result from adding the Applicant as a party. Finally, the Applicant would bring a unique and valuable perspective to the leave Application and any subsequent proceedings that may result.View CanLII Details