Interventions In Federal Court: A (Nearly) New Approach

Introduction

Earlier this year, the Federal Court of Appeal clarified, confirmed, and settled the law applicable to interventions in Federal Court and Federal Court of Appeal proceedings, which, for the previous two years appeared to be in flux.

Rule 109(1) of the Federal Court Rules¹ gives the courts discretion to grant leave to any person to intervene in proceedings, but do not set out a test to be applied in exercising that discretion. In 1989, a common law test was established by the Federal Court and Federal Court of Appeal to be applied in determining whether or not to grant leave to intervene Rothmans, Benson & Hedges Inc. v. Canada (Attorney General) (1989), 29 F.T.R. 267 (Fed. T.D.), affirmed (1989), 103 N.R. 391, [1990] 1 F.C. 90 (C.A.).