Autocar Connaisseur Inc. v. Lalancette
T-456-97
Morneau P.
5/6/97
7 pp.
Practice-Attorney General (AG) representative sought to intervene before Court in application under Federal Court Act, s. 18.2 for stay of execution of arbitration award rendered under Canada Labour Code and stay of arbitration proceedings-AG seeking to support dismissal of motion-Both stay of execution and stay of proceedings dismissed-AG arguing may intervene in any application for judicial review without further formality and, in particular, without need to apply for intervenor status under R. 1611-Act, s. 18.1(1) addresses AG's role solely as applicant in order to ensure public interest defended where no other party seeks to appear as applicant-Even as applicant, AG not exempted under Act from rules applicable to all judicial review applicants-R. 1611(1) prescribes single system of participation for non-applicants or non-respondents-R. 1611(1) fully applicable to AG, who must submit to it in order to address Court in any application for judicial review in which not already recognized party or intervenor-Nothing exempts him from seeking leave to intervene under R. 1611-Application of Syndicat des journalistes de Radio-Canada (CSN) v. Superintendent of Financial Institutions et al. (1996), 123 F.T.R. 4 (F.C.T.D.): AG cannot insert self as mis-en-cause in application for judicial review, and any participation by AG, as by any other person, must be as applicant, respondent or recognized intervenor-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1 (as enacted by S.C. 1990, c. 8, s. 5), 18.2 (as enacted idem)-Federal Court Rules, C.R.C., c. 663, R. 1611 (as enacted by SOR/92-43, s. 19).