Beno v. Canada ( Commissioner and Chairperson, Somalia Inquiry )
T-1311-96
Cullen J.
28/8/96
5 pp.
Application for leave to intervene in application for judicial review brought by Brigadier-General Beno-Applicant, Brigadier-General Robert G. Meating, commander of Canadian Mechanized Brigade Group stationed at Calgary-Beno brought application before Somalia Inquiry seeking to disqualify Chairperson from continuing to act on ground Chairperson's actions had created apprehension of bias-Commission finding Meating conspired to influence Commission's chairperson-Main matter before Court application for judicial review-Applicant's evidence part of record before Court-Criteria set out in Rothmans, Benson and Hedges Inc. v. Canada (Attorney General), [1990] 1 F.C. 84 (T.D.) not met-Meating not directly affected by outcome of Beno's application for judicial review-No justiciable issue concerning proposed intervenor-Other reasonable or efficient means to submit question to Court available-Meating's interests adequately defended by Beno's application-Interests of justice not better served by intervention-Court can decide case on merits without proposed intervenor since applicant's evidence already part of record before Court-Applicant witness to proceeding, disagreeing with interpretation placed on evidence-Application dismissed.