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Intervention - Sample Orders

. Ministry of Community and Social Services v. Robinson-Cooke

In Ministry of Community and Social Services v. Robinson-Cooke (Div Court, 2024) the Divisional Court illustrates a granted intervention order:
Conclusion

[16] I grant the order sought and grant ISAC leave to intervene in this application as a friend of the court with the following terms:

[17] ISAC is required to
(a) take the evidentiary record as is and will not seek to augment the record;

(b) file a factum not exceeding twenty (20) pages in length;

(c) be permitted to make oral submissions at the hearing not exceeding twenty (20) minutes in length;

(d) adhere to the Court’s timetables as set;

(e) take no position on the merits of the outcome of the application

(f) make reasonable efforts to avoid duplicating the parties’ submissions;

(g) not seek costs or have costs ordered against it.
[20] The Applicant sought leave to file a 10-page reply factum in the event that leave to intervene is granted. Given that ISAC has made full disclosure of the arguments it intends to make, and that it will not be taking a position on the merits, it is unclear to me that that reply factum of this length is necessary. However, in the interest of ensuring that the Court receives all available arguments including from the Applicant in its public interest role, I grant leave to the Applicant to file a 5-page reply factum.


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Last modified: 28-04-24
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