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Simon Shields, Lawyer

Advising Self-Representing
Ontario Litigants
Since 2005

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Simon Shields, LLB

Parties - Amicus Curiae

Civil Procedure - Amicus Curiae

Scaduto v. Cucu (Ont CA, 2017)

In this case the Court of Appeal makes a useful clarification on the role of amicus curiae in civil proceedings:
[10] Pursuant to r. 13.02:
Any person, may with leave of a judge or at the invitation of the presiding judge or master, and without becoming a party to the proceeding, intervene as a friend of the court for the purpose of rendering assistance to the court by way of argument.
[11] In Oakwell Engineering Ltd. v. EnerNorth Industries Inc., 2006 CarswellOnt 9793 (C.A.), at para. 9, McMurtry C.J.O. noted that an amicus need not be "impartial", "objective" or "disinterested" in the outcome of a case. The fact that the position of a proposed intervener is generally aligned with the position of one of the parties is not a bar to intervention if the intervener can make a useful contribution to the analysis of the issues before the court.

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