MARKET SURVEILLANCE ADMINISTRATOR v SAMARODEN

The matter concerned an investigation by the Market Service Administrator (“MSA”) into the Alberta Electric System Operator (“AESO”). The MSA applied to compel a former employee of the AESO to attend for an interview. The AESO sought, among others, to be added as a party to the Action pursuant Rule 3.75.

In considering AESO’s Application, the Court canvassed the caselaw with respect to Rule 3.75, which indicated that for an applicant to be added as a party, it must establish that it has a legal interest in the outcome of the proceeding. Justice Ho noted that the relief sought by the MSA was limited to compelling the former employee of the AESO to attend for an interview. Although the outcome of that interview may lead to further proceedings in which the AESO might have a legal interest, the question of whether or not the former employee was required to attend for an interview did not give rise to any legal interest of the AESO.

As the AESO could not establish a legal interest, the Court dismissed the Application and declined to add the AESO as a party to the Action.