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The court dismissed two non-party intervention applications in a proposed class action settlement approval hearing, finding no direct interest or useful perspective.
Interveners who were added as parties in the proceeding below should generally continue as parties on appeal without a fresh motion, but this is subject to the appellate court's discretion under Rule 13.03(2); continuing party status may be refused where intervening events or exceptional circumstances justify it, and contested cases should be resolved by motion under r.13.03(2).
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The Court of Appeal dismissed Tim Stringer’s application to extend time to vary a costs order, finding no satisfactory explanation for delay and no merit.
The court granted Ontario representative plaintiffs leave to intervene in a BC settlement approval hearing, but limited their role to the scope of the certified class.
The appellants failed to demonstrate the requisite appellate error to overturn the Prothonotary's and Federal Court judge's factual findings that the appellants would not make a sufficiently useful or distinct contribution; accordingly the appeal is dismissed.
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The court dismissed the proposed intervenor motion because the spouse lacked a direct or independent interest in the subject matter and intervention would likely unduly delay the proceedings; the court rejected the plaintiff's interpretation of Rules 18.13 and 18.17, holding counsel for a represented witness may properly make objections without prior instruction from the witness, and therefore denied the discovery-based relief while issuing procedural directions for future discovery; costs of $250 were awarded to the defendant payable forthwith.
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Because the intervener withdrew and did not participate in the appeal and no party amended the Chief Justice's order, there was no basis to award the full costs of the intervention motion to the respondents; however the court exercised its discretion to apportion and awarded the respondents $3,500 inclusive as the portion attributable to the late intervention.
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The Court allowed the appeal in part and awarded the successful intervenor partial indemnity costs of the appeal against Conrad M. Black and Barbara Amiel-Black in the fixed amount of $18,000 inclusive of GST and disbursements, finding the claimed time and rates excessive; it refused to order costs of the initial motion because the motion judge made no order for costs and that aspect was not appealed.
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The judge exercised discretion to grant leave to the named interveners, dismissed Canadian National Railway Company’s motion to intervene, and apportioned costs: $1,500 to Boutique Jacob for the CN motion and $9,510.79 to the successful interveners for their motion to intervene.
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The Court exercised its discretion to add the Ontario Nurses' Association as a party to both appeals because its participation was appropriate and the relevant material was already before the court, and the Court lawfully imposed specific procedural conditions (factum limit and deadline, oral time limit, and costs restriction).
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