Nicole Melanson

The Canadian Civil Liberties Association and the Canadian HIV/AIDS Legal Network sought leave to intervene as friends of the court in an appeal concerning whether the common law recognizes a tort of invasion of privacy.

The appellant supported the motions, while the respondent opposed them.

The Court of Appeal dismissed the motions, finding that the proposed intervenors would not offer a significantly different perspective from the appellant and that permitting the interventions would cause injustice to the respondent by delaying the scheduled appeal and requiring new factums.

The moving party sought leave to appeal a Divisional Court decision and filed an affidavit containing evidence directed at the issue of public importance.

The responding party objected, arguing that any material filed on a leave motion must already exist within the court file.

The chambers judge held that a party seeking leave to appeal may file factual evidence directed at the issue of public importance, but must follow the proper procedure by filing a motion to admit the evidence along with the application for leave to appeal.