Canadian Broadcasting Corp. v. Graham
T-2297-96
Hargrave P.
12/8/98
10 pp.
Canadian Human Rights Commission (CHRC) applying to intervene in proceeding commenced by CBC to quash CHRC's decision extending time for filing of respondent's complaints-Respondent cannot afford counsel-Where rights of interveners not affected by litigation, and interveners cannot add anything new, Court ought not to allow itself to become bogged down through addition of participants in litigation-But here, Commission's participation ought to result in more concise, less complicated proceeding than if respondent tried to respond to applicant's arguments-Generally person, entity showing sufficient interest and able to bring to bear different perspective which would assist Court, should be added as intervener-Must look at issue involved, decide whether Commission can make useful contribution without taking litigation away from parties or otherwise imposing injustice-Issue whether Commission properly exercised discretion in granting extension of time within which to bring complaint-Procedure unknown to respondent-Commission having real interest in, substantially affected by determination providing guidelines for exercise of discretion-Open to administrative tribunal to defend own procedure-Commission's position would not be adequately defended by respondent acting for herself-Improper outcome would directly affect Commission-Court might not be able to hear, decide case on merits unless Commission intervenes, allowing interests of justice to be better served-Application allowed.