REFERENCE RE CLEAN ELECTRICITY REGULATIONS (CANADA)

In this decision, the Court considered Applications by four parties to intervene in the underlying Reference.

The Court confirmed that intervention is discretionarily permitted pursuant to Rules 2.10, 14.37(2), and 14.58(1). Justice Feehan reviewed the case law setting out the test and relevant considerations. The test required the Court to decide whether the intervenor would be specifically affected by the decision of the Court and/or if the presence of the party was necessary for the Court to properly decide the matter. The latter could be established where the intervener had some special expertise or insight to bring to bear on the issues facing the Court.

The Court granted three of the four Applicants intervenor status. These Applicants each had a special interest, particular expertise, and unique perspective on the matters raised in the Reference. The fourth Applicant, who was rejected as an intervenor, was a member-based organization of which the other three Applicants were members. As such, Feehan J.A. found it would not be useful, different, or necessary to allow the fourth Applicant intervenor status.