PRACTICE |
Parties |
Intervention |
Tsuu T'ina First Nation v. Canada
A-387-00
2001 FCA 342, Malone J.A.
7/11/01
5 pp.
Appeal from case management judge's interlocutory orders dismissing motion to terminate or limit scope of participation of interveners, and granting intervener status to Native Women's Association of Canada (NWAC)--Appellants alleging case management judge not properly limiting scope of intervention as required by Federal Court Rules, 1998, r. 109(3)--No error in refusal to disturb order granting intervener status--Appeal from original order granting intervener status dismissed for want of prosecution--Thus matter res judicata: question already decided by final order on appeal; parties same; no new circumstances--Open to appellants to apply to case management judge under r. 385 to narrow statements of intervention so as to ensure actual trial not burdened with individual issues or causes of action collateral to main issues--No reversible error or misuse of judicial discretion in order granting intervener status--R. 109(3) requiring orders under r. 109(1) to give directions regarding service of documents, role of intervener--Not requiring complete set of directions at time intervention application granted governing all aspects of role of intervener--Order herein giving directions as to service, filing of intervention--Providing rights of discovery, pre-trial matters shall be as directed by case management judge, and that participation at trial shall be subject to direction of trial judge--Complying with r. 109(3)--Clearly case management judge cognizant of, put mind to requirements of r. 109(3)--In complex case subject to case management, pre-trial matters best left to direction of case management judge, and participation of interveners at trial to direction of trial judge--Federal Court Rules, 1978, SOR/98-106, rr. 109(3), 385.