This was an Application by The Advocates’ Society (the “Society”) for permission to intervene in a pending Appeal between Piikani Nation (and other co-Appellants) and Dale McMullen. The Piikani Nation was granted permission to Appeal a decision of a Court of King’s Bench Chambers Judge that disqualified the law firm Gowling WLG from acting against the Respondent, Mr. McMullen. Under Rule 14.58, a single Appellate Judge may grant permission to intervene in an Appeal and impose conditions on the intervention.

The test for intervention is based on (1) whether the proposed intervenor has a particular interest in, or will be directly affected by, the outcome of the Appeal, and (2) whether the intervenor will provide some special expertise that will help resolve the Appeal.

The Society’s intervenor Application centred around legal issues significant to the legal profession, particularly the solicitor-client relationship and the duty of loyalty to "near clients" in the corporate context. The Society, a professional organization for trial and appellate lawyers, argued it could offer valuable insights on the broader policy implications and practical consequences of the Chambers Judge’s decision, given its expertise and history of involvement in similar matters.

Mr. McMullen made factual submissions of the history of litigation of the parties to this Appeal and his belief that the Society’s lawyers would not solely represent the Society’s interests, but that they would attempt to assist their large law firms, among other complaints. The Court found these objections largely irrelevant to the legal criteria for granting intervenor status.

The Court found that the Society had an interest in the issues on Appeal and had expertise regarding those issues. The Society would be able to provide a broader perspective on the issues than the parties to the Appeal and its perspective and submissions would assist the Court in its determination of those issues. The Intervenor Application was granted.