The Law Society of Alberta (the “LSA”) sought to intervene in a partial Appeal and Cross-Appeal of the Court of King’s Bench decision in Ouellette v McCann, 2025 ABKB 362. That case involved claims for negligence and defamation against Mr. McCann related to an LSA complaint he filed against a lawyer, Mr. Ouellette, which was held to be without merit. The Claim was Summarily Dismissed on the basis that Mr. McCann was entitled to absolute immunity (the “AJ Decision”). Mr. Oulette appealed the AJ Decision and was partially successful on Appeal (the “KB Decision”). The KB Decision reinstated the defamation claim, but not the negligence claim, and a new Trial was ordered.

Mr. McCann’s Estate appealed the KB Decision that reinstated the defamation claim. Mr. Ouelette then cross-appealed the remainder of the KB Decision.

In determining the LSA’s Application to intervene, the Court considered Rules 14.37(2)(e) and 14.58(1), which permit a single Justice to grant permission to intervene, subject to conditions. Pursuant to Rule 14.58(2) one of the factors a Court will consider upon an Application to intervene is whether the intervenor was granted permission to intervene in the court below.

Appeal Justice Ho held that the LSA had met the test and granted intervenor status. Ho J.A. determined that the LSA would be impacted by the outcome of the Appeal, and that they could provide a unique perspective that would assist the Court in resolving the Appeal. Further, the LSA had been granted permission to intervene in the lower courts, which was a fact which favoured granting the Application. The LSA was granted intervenor status to assist the Court in addressing both the Appeal and the Cross-Appeal.