A mandatory interim Injunction was granted by a Chambers Judge which the Applicants, Her Majesty in the Right of Alberta, the Lieutenant Governor in Council and the Minister of Energy (collectively, “Alberta”) sought to stay pending Appeal. The Injunction ordered Alberta to decide whether to authorize Prosper Petroleum Ltd.’s oil sands project within 10 days. Fort McKay First Nation (“FMFN”) made a concurrent Application to be added as a Respondent, or alternatively for intervenor status, on the Appeal.

Alberta applied for the stay pursuant to Rule 14.48. Justice Strekaf adopted the test for a stay pending Appeal from RJR MacDonald v Canada, 1994 CanLII 117 (SCC): (1) a serious question must be determined on Appeal; (2) the Applicant will suffer irreparable harm if the stay is not granted; and (3) the balance of convenience favours granting the stay. Justice Strekaf found that Alberta had met their onus on all three parts of the test and granted the stay.

FMFN applied to be added as a Respondent to the Appeal pursuant to Rule 14.57. Justice Strekaf applied the test from Carbon Development Partnership v Alberta (Energy and Utilities Board), 2007 ABCA 231, in order to determine whether the Applicant has a legal interest in the outcome of the Appeal. To determine if the Applicant has a legal interest, the Court must consider whether it is just and convenient to add the party and whether the Applicant’s interest could only be adequately protected if granted party status. Justice Strekaf found that FMFN did not meet the test as the subject matter of the Appeal did not necessarily affect the legal interests of FMFN. The Application under Rule 14.57 was denied, but Justice Strekaf did grant intervenor status to FMFN.