W. J. Miller

The appellant, a public officer, sought to intervene in a hearing before a provincial administrative tribunal regarding an application by a provincial telephone company.

The tribunal permitted the intervention, but the appellate court overturned this decision.

The Supreme Court of Canada dismissed the appellant's appeal, holding that a public officer requires statutory authority to intervene in an official capacity before an administrative tribunal.

The Court found that the governing statute explicitly limited the appellant's authority to intervene to federal boards, thereby denying authority to intervene before provincial boards.

The Director of Investigation and Research sought to intervene in a tariff application before the Board of Commissioners of Public Utilities for New Brunswick.

The Board refused permission, finding the Director lacked statutory authority to intervene.

The Court of Queen's Bench dismissed an application for judicial review, but the Court of Appeal allowed it.

The Supreme Court of Canada allowed the appeal and restored the Board's decision, relying on its concurrent judgment in a companion case involving Newfoundland Telephone Co.