PRACTICE |
Parties |
Intervention |
Canada (Attorney General) v. Sasvari
T-940-04
2004 FC 1650, Tabib P.
24/11/04
7 pp.
Motions by Canadian Human Rights Commission for leave to intervene in applications for judicial review of its decisions--Commission deciding matters within its jurisdiction, Canadian Transportation Agency, Transport Canada proper respondents to complaints--Such decisions subject of judicial review applications before Court-- Commission not articulating questions of law arising in each "jurisdictional" issue, arguments proposing to make, such that perspective unique--Unless right to intervene in proceeding granted, defined by statute, intervention of any person, including tribunal, conditional upon leave being granted in accordance with Federal Court Rules, 1998 s. 109--Rules, s. 109 requiring motion for leave to intervene to "describe . . . how that participation will assist the determination of a factual or legal issue related to the proceedings"--Overriding consideration requiring proposed intervener to demonstrate intervention will assist determination of issue--Such demonstration cannot be made without giving indication of facts, arguments Commission intends to present, contrasting those with positions taken by parties--Commission failing to present evidence, material demonstrating how intervention will assist Court--Commission's motions failing to even address issue of how proposed intervention would add to argument, facts presented to Court by parties--Motions dismissed--Federal Court Rules, 1998, SOR/98-106, s. 109.