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ARTICLE · 09 OCTOBER 2023

To Intervene Or Not To Intervene Before The Federal Courts

Borden Ladner Gervais LLP
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Interveners are increasingly seeking standing in the Federal Courts. Recent case law confirms the standard for a successful intervention and demonstrates the stringency of the test at the federal level.

CanadaLitigation, Mediation & Arbitration
Beverley Moore
Beverley Moore
Nadia Effendi
Nadia Effendi
Jiwan Sangha
Jiwan Sangha
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Interveners are increasingly seeking standing in the Federal Courts. Recent case law confirms the standard for a successful intervention and demonstrates the stringency of the test at the federal level.

Historically, the Federal Courts ubiquitously applied the test in Rothmans, Benson & Hedges Inc to determine a motion to intervene. In recent years, there was discussion amongst the courts to modify and modernize this test, leading to differing outcomes in the determination of such motions.

In light of this, the Federal Court of Appeal (FCA) recently emphasized the focus interveners need to have on the usefulness of their proposed intervention to the issue before the judges. In Le-Vel Brands v Canada (Attorney General), the FCA stated that the test is not in conflict and is comprised of three elements:

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