MANITOK ENERGY INC (RE), 2021 ABCA 323
14.58: Intervenor status on appeal
14.37: Single appeal judges
The Applicants applied for permission to intervene in the Appeal (the “Appeal”) of a Chambers Decision.
The Court reviewed the applicable Rules and cases on intervention. Rules 14.37(2) and 14.58 allow a single Appeal Judge to grant leave to a party to intervene and impose conditions on the intervention. Rule 14.58(3) prevents an intervenor from raising new issues on Appeal. The Court relied on Orphan Well Association v Grant Thornton Limited, 2016 ABCA 238 and PricewaterhouseCoopers Inc v Perpetual Energy Inc, 2020 ABCA 25 to find that intervenor status will be granted where the Applicant:
- is directly and significantly affected by the outcome of the Appeal; and
- will provide special expertise or a fresh perspective to help resolve the Appeal.
The Court also noted that Pedersen v Alberta, 2008 ABCA 192 sets out several factors that the Court considers for intervenor applications.
The Court granted the Applicants’ Application to Intervene. Although mindful of the risk of duplicative submissions, the Court noted that one of the Applicants could offer specialized expertise and institutional knowledge that would assist the Court. Similarly, the Court noted that other Applicants could provide a fresh and useful perspective on the existing issues on appeal. The Court granted the Applicants’ Application to Intervene and allowed each intervenor to file a factum no longer than 10 pages and make oral submissions during the Appeal.View CanLII Details