PRACTICE |
Parties |
Intervention |
Canada (Attorney General) v. S.D. Myers, Inc.
T-225-01
2001 FCT 317, Rouleau J.
11/4/01
11 pp.
Moving parties seeking leave to intervene herein--Application by government of Canada seeking judicial review of NAFTA arbitration award rendered under UNCITRAL Arbitration Rules (1976)--In March 1989, number of countries including Canada signed Basel Convention dealing with international traffic of PCBs, other hazardous waste--Arbitral Tribunal holding that, by issuing interim order in 1995 banning export of PCBs to United States, Canada breached obligations under NAFTA, Art. 1102, 1105, thereby causing damage to S.D. Myers (Canada) Inc., respondent--Attorney General seeking judicial review of Tribunal's decision--Proposed interveners moved for order granting them leave to intervene in application--Party seeking intervener status must establish: (1) direct legal interest in outcome of litigation; (2) rights will be seriously affected by litigation; (3) point of view different from those of parties--Intervention must constitute enhancement to proceedings, not distraction--Moving parties not bringing to Court point of view different in any material way from that of parties--Essence of judicial review application correct interpretation of NAFTA--Proposed interveners not having particular, unique expertise in interpreting international treaty obligations that would assist Court beyond that offered by counsel for Canada, United States, Mexico, respondent, members of Arbitral Tribunal itself--Social policy concerns of moving parties, including Canada's trade policy, not assisting in determination of legal issues arising under Government's application for judicial review--Many issues raised by proposed interveners not questions raised in Canada's application, therefore not before Court--Court exercising discretion, refusing to grant intervener status to moving parties--Application dismissed--North American Free Trade Agreement Between the Government of Canada, the Government of the United Mexican States and the Government of the United States of America, December 17, 1992, [1994] Can. T.S. No. 2, Art. 1102, 1105--UNCITRAL Arbitration Rules, (1976) Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and their Disposal.