Coulson Aircrane Ltd. v. Canada ( Minister of Transport )
T-403-97
Hargrave P.
2/5/97
10 pp.
Judicial review proceeding seeking to prohibit Minister of Transport from issuing temporary exemptions to allow two Russian Kamov KA32A helicopters from being operated in Canada-VIH Logging Ltd., competitor of applicant, selected by manufacturers, Kamov Company of Moscow, to operate both helicopters-VIH seeking to be party to proceedings to protect interests, to answer allegations made by Coulson firm-Interested person defined by R. 1600-VIH ought to have opportunity to defend itself, position, but has fallen between cracks if not gaps in present Rules-No decision of Minister of Transport to review as yet-VIH, not having appeared before decision-making body whose decision to be judicially reviewed, cannot claim status of interested person with right to be joined as party under R. 1602(3), even though VIH may be directly affected by outcome of proceedings-VIH ought to have remedy to refute alleged charges, innuendo directed by Coulson to VIH's customers of operation of unsafe helicopters-VIH, as helicopter operator with 1400 hours of heli-logging experience using prototype KA32T, will bring different alignment, perspective to matter-Court should, in interests of justice, hear VIH so as to effectively, completely adjudicate upon matter-To allow VIH to be shut out of proceeding would be to allow abuse of process-No access for VIH by way of R. 1603(2) or R. 1611-VIH therefore added as party respondent under RR. 5, 1716(2)-Federal Court Rules, C.R.C., c. 663, RR. 5, 1600 (as enacted by SOR/92-43, s. 19), 1602 (as enacted idem), 1603 (as enacted idem), 1611 (as enacted idem), 1716(2).