The Canadian Real Estate Association (“CREA”) applied for intervenor status in the Judicial Review of a decision by the Realtor’s Association of Edmonton (“RAE”) to deny membership.

Shelley J. cited Wilcox v Her Majesty the Queen in Right of Alberta, 2019 ABCA 385 for the test that a potential intervenor must meet under Rule 2.10. Justice Shelley stated that the Court must be satisfied that the proposed Intervenor “will be directly and significantly affected by the outcome or has special expertise or perspective in relation to the subject matter that will assist the Court in determining the outcome.” Her Ladyship noted that it is not enough that a potential intervenor’s interest be affected; rather, the potential intervenor must bring a fresh perspective to the proceedings.

Justice Shelley held that the interests of CREA and RAE in the Judicial Review were the same, that CREA brought no new perspective to the proceedings, and that CREA’s presence as an intervenor was not necessary for the Court to properly decide the Judicial Review. Shelley J. therefore dismissed the Application.