FEENEY v ALBERTA

The Applicant applied for a number of Orders in relation to two ongoing Appeals. Amongst other things, the Applicant applied for an Order removing a particular Respondent from the style of cause, and an Order allowing “any party to partake in the appeals, in any way, shape or form”.

With respect to the Order being sought regarding the removal of a party to the Appeal, Justice Rowbotham observed that there was no opposition to this request. Her Ladyship noted that Rule 14.57 permits a party to be removed as a party to an Appeal. Justice Rowbotham therefore directed that the Respondent’s name be removed from the style of cause and any further documents in the Appeal.

With respect to the Applicant’s request that any party be allowed to take part in the Appeals, Rowbotham J.A. stated that, generally, parties to an Appeal are the same parties as in the Court below. Any party wishing to intervene must apply to do so pursuant to Rule 14.58 and satisfy the common law tests for intervention. No such Application existed in the matter at hand, so Justice Rowbotham dismissed this request.