The proposed interveners, Environmental Defence Canada Inc. and Federation of Ontario Naturalists, sought leave to intervene in an appeal concerning the statutory interpretation of s. 10(1) of the Endangered Species Act, 2007, which prohibits damage to habitats of endangered species.
The Town of South Bruce Peninsula opposed the intervention, arguing it would not offer a useful contribution.
The court granted leave to intervene, finding the matter to be of public interest with broad implications, and that the interveners, as reputable environmental organizations, could offer a unique and useful perspective on the interpretation of "damage" and the application of principles like de minimis and the precautionary principle, without causing injustice to the appellant.