The proposed intervenor, WIFN, brought a motion for leave to intervene as a party in an application between HDI and Ontario.
WIFN sought to intervene to contest HDI's claimed rights under the Nanfan Treaty, arguing that any court acknowledgment of such rights could prejudice WIFN's interests in future proceedings.
The court dismissed the motion, finding that WIFN had no interest in the substantive outcome of the procedural application and that adding WIFN would substantially delay and broaden the scope of the proceedings.
The court noted that WIFN's concerns were mitigated by HDI's voluntary amendment of its notice of application.