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Intervention - Sample Orders. Law Society of Ontario v. A.A.
In Law Society of Ontario v. A.A. (Div Court, 2024) the Divisional Court allowed a friend of the court intervenor motion. These are the order details:[21] JFCY may file a factum of no more than 10-pages double-spaced. JFCY shall not augment the record in any way. JFCY shall have 10 minutes to make oral argument subject to the discretion of the panel hearing the application.
[22] JFCY shall not seek costs on the judicial review application nor shall any costs order be made against JFCY.
[23] The parties shall comply with the following timetable for the exchange of materials:a. The Law Society shall serve and file its application record and factum no later than June 21, 2024;
b. Justice for Children and Youth shall serve and file its factum no later than June 28, 2024;
c. AA shall serve and file his responding record (if any) and factum no later than July 19, 2024; and
d. The Law Society may serve and file a reply factum no later than July 29, 2024. [24] All materials shall be uploaded to CaseLines as soon as they are served and filed.
[25] Justice for Children and Youth shall prepare a draft order setting out the terms and disposition of this motion and submit it to the Court within 7 days from today, together with the position of the parties on the draft order. Once the order is finalized and signed, Justice for Children and Youth shall upload a copy of the order to CaseLines along with their factum. . Ministry of Community and Social Services v. Robinson-Cooke
In Ministry of Community and Social Services v. Robinson-Cooke (Div Court, 2024) the Divisional Court illustrates a granted intervention order:Conclusion
[16] I grant the order sought and grant ISAC leave to intervene in this application as a friend of the court with the following terms:
[17] ISAC is required to(a) take the evidentiary record as is and will not seek to augment the record;
(b) file a factum not exceeding twenty (20) pages in length;
(c) be permitted to make oral submissions at the hearing not exceeding twenty (20) minutes in length;
(d) adhere to the Court’s timetables as set;
(e) take no position on the merits of the outcome of the application
(f) make reasonable efforts to avoid duplicating the parties’ submissions;
(g) not seek costs or have costs ordered against it. [20] The Applicant sought leave to file a 10-page reply factum in the event that leave to intervene is granted. Given that ISAC has made full disclosure of the arguments it intends to make, and that it will not be taking a position on the merits, it is unclear to me that that reply factum of this length is necessary. However, in the interest of ensuring that the Court receives all available arguments including from the Applicant in its public interest role, I grant leave to the Applicant to file a 5-page reply factum.
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