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