The Women's Legal Education and Action Fund (LEAF) applied to intervene in an appeal concerning whether incest is a separate tort not subject to the Limitations Act, or alternatively, whether the doctrine of reasonable discoverability applies.
The respondent opposed the application, arguing that LEAF intended to raise the Canadian Charter of Rights and Freedoms as an interpretive tool for the first time on appeal.
The Supreme Court of Canada granted the application, finding that LEAF had a sufficient interest and would bring a special perspective to the appeal.
The Court left the determination of whether the Charter argument would cause prejudice to the respondent to be decided by the panel hearing the appeal.
