The APEGA Investigative Committee applied to be added as an additional Respondent to the Appeal. The Appellant opposed the Application on the basis that the APEGA Investigative Committee lacked standing. Appeal Justice de Wit granted the Application.

The Court of Appeal has the power to function as an Appeal Court by virtue of section 70 of the Engineering and Geoscience Professions Act, RSA 2000, c E-11, and can also control its own process and therefore add, remove, or substitute parties as it deems fit. For example, Rule 14.57 enables the Court of Appeal to add parties to Appeals in accordance with Rule 3.74. Under Rule 3.74(2)(b), an Applicant can apply for an Order to add any other person to an Action. Therefore, the APEGA Investigative Committee had standing to make the Application to be added as a Respondent. Its inclusion as a party would provide a “full adversarial context” for the Appeal and would “further the interests of justice”.