Sutcliffe v. Minister of the Environment (Ontario)
Leave to intervene was granted because the court considered it appropriate; the intervention was permitted subject to conditions limiting factum length to 15 pages, allocating 20 minutes oral argument, prohibiting the intervenor from seeking costs while leaving open costs against it, and extending respondents 60...
Source-derived case information.
- Citation
- C40916, M31054
- Parties
- Applicant/respondent: Ben Sutcliffe; Applicant/respondent: Helen Kimmerly; Applicant/respondent: Mohawks of the Bay of Quinte; Respondent/appellant: Minister of the Environment (Ontario); Respondent/appellant: Canadian Waste Services Inc.; Intervenor: Green Lane Landfill (division of St. Thomas Sanitary Collection Service Limited)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 23 March 2004
- Procedural Posture
- Civil / Appeal Motion for Leave to Intervene
- Outcome
- Leave to intervene granted subject to specified conditions; no costs of the motion.
- Legal Topics
- Intervention, Leave to Intervene, Costs, Appeal Scheduling and Timelines
- Source Language
- english
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ben Sutcliffe
Applicant/respondent
Helen Kimmerly
Applicant/respondent
Mohawks of the Bay of Quinte
Applicant/respondent
Minister of the Environment (Ontario)
Respondent/appellant
Canadian Waste Services Inc.
Respondent/appellant
Green Lane Landfill (division of St. Thomas Sanitary Collection Service Limited)
Intervenor
Procedural Posture
Civil / Appeal Motion for Leave to Intervene
Legal Issues
- 1 Whether Green Lane should be granted leave to intervene in the appeal
- 2 What conditions to impose on an intervenor (factum length, oral time, costs exposure)
- 3 Adjustment of timelines for responding factums and preservation of cross-appeal deadlines
Ratio Decidendi
Leave to intervene was granted because the court considered it appropriate; the intervention was permitted subject to conditions limiting factum length to 15 pages, allocating 20 minutes oral argument, prohibiting the intervenor from seeking costs while leaving open costs against it, and extending respondents 60 days to file responding factums from service of Green Lane's and the Ontario Waste Management Association's factums, with MBQ's cross-appeal deadline unchanged.
Court Disposition
Leave to intervene granted subject to specified conditions; no costs of the motion.
Orders
- Green Lane shall forthwith serve and file a factum, not exceeding 15 pages in length
- Green Lane will be allocated 20 minutes for oral argument
Full Case Text
Judgment text and source record
1 paragraphs
Sutcliffe v. Minister of the Environment (Ontario) Collection Decisions of the Court of Appeal Date 2004-03-23 Docket numbers C40916, M31054 Judges McMurtry, Roy Subject Civil Decision Content DATE: 20040323 DOCKET: M31054 (C40916) COURT OF APPEAL FOR ONTARIO RE: BEN SUTCLIFFE and HELEN KIMMERLY (Applicants/Respondents) and MINISTER OF THE ENVIRONMENT (ONTARIO) and CANADIAN WASTE SERVICES INC. (Respondents/Appellants); MOHAWKS OF THE BAY OF QUINTE (Applicant/Respondent) and MINISTER OF THE ENVIRONMENT (ONTARIO) and CANADIAN WASTE SERVICES INC. (Respondents/Appellants) BEFORE: MCMURTRY C.J.O. COUNSEL: R.F. Leach For the moving party/intervenor, Green Lane Landfill, a division of St. Thomas Sanitary Collection Service Limited ("Green Lane") R. Lindgren and M. Cashin For the applicants (respondents), Ben Sutcliffe and Helen Kimmerly P.F. Schindler For the applicant (respondent), the Mohawks of the Bay of Quinte ("MBQ") A. Lokan For the respondent (appellant), Canadian Waste Services Inc. HEARD: Tuesday, March 23, 2004 ENDORSEMENT [1] I am satisfied that it is appropriate to grant Green Lane leave to intervene in this appeal as an added party. Leave is hereby granted, subject to the following conditions: (a) That Green Lane shall forthwith serve and file a factum, not exceeding 15 pages in length; (b) That Green Lane will be allocated 20 minutes for oral argument; (c) That Green Lane will not seek costs on the appeal but that costs may be awarded against it; (d) That the respondents on the appeal will have 60 days from the service of Green Lane's factum and the Ontario Waste Management Association's factum, whichever is later, to file their responding factums on the main appeal. For the purposes of clarification, the time limit for the service and filing of MBQ's cross appeal remains April 19, 2004. [2] There will be no costs of this motion.