Monday, March 14, 2011

Intervention on appeal

Issasi v. Rosenzweig, 2011 ONCA 198 released today online sets out the test for intervention on appeal as follows:


The Test for Intervention

[11]         Dubin C.J.O. is frequently cited as succinctly articulating the test for determining a motion to intervene in Peel (Regional Municipality) v. Great Atlantic and Pacific Co. of Canada (1990), 74 O.R. (2d) 164:  "[T]he matters to be considered are the nature of the case, the issues which arise and the likelihood of the applicant being able to make a useful contribution to the resolution of the appeal without causing injustice to the immediate parties."

1 comment:

Frances Wood said...

The case has an interesting history - even getting it perfected merited a reported decision. Also interesting re issue of intervenors in custody cases....