PRACTICE |
Parties |
Intervention |
Benoit v. Canada
A-464-00
2001 FCA 71, Sexton J.A.
16/3/01
7 pp.
Appeal from Trial Division decision ((2000), 2000 DTC 6453) dismissing appellant's motion to be added as defendant, to be allowed to intervene--Plaintiffs in action claiming that by virtue of Treaty # 8, The Queen cannot impose tax upon them--Appellant incorporated federally in 1991 as vehicle for people throughout Canada concerned about all types of taxation in country--Seeking to uphold principle all Canadian taxpayers should be treated equally in taxation matters before, under law with right to equal protection, equal benefit of law without discrimination based on race, national or ethnic origin, colour, religion--Appellant only appealing Motions Judge's decision relating to motion for leave to intervene--Motions Judge's order discretionary--Test for review of exercise of discretion whether judge in first instance has given sufficient weight to all relevant considerations--Motions Judge not referring to any factors which might be considered on motion to intervene--Erred in not giving weight to all relevant considerations--Appellant having established: (1) its members will be affected by outcome of litigation; (2) justiciable public interest issue raised; (3) if appellant not allowed to intervene, issue will not be raised; (4) interests of justice would be better served by permitting appellant to intervene--Appeal allowed.