The Environmental Commissioner of Ontario brought a motion for leave to intervene as an added party or, alternatively, as a friend of the court in an appeal concerning certification and costs in an environmental class action.
The Court of Appeal dismissed the motion to intervene as an added party, noting that interveners are rarely permitted to expand the evidentiary record.
However, the court granted the Commissioner leave to intervene as a friend of the court solely on the issue of costs, finding that the Commissioner could bring a broader public interest perspective to that issue.
The intervention was subject to conditions, including filing a consolidated factum with other interveners.
