Canadian Council of Professional Engineers v. Memorial University of Newfoundland
T-1164-97
Rothstein J.
5/8/97
5 pp.
Association of Universities and Colleges of Canada (AUCC) applying to intervene in action against Memorial University of Newfoundland to restrain Memorial from using words "engineer", "engineering" except in connection with Faculty of Engineering and Applied Science-Memorial offering unaccredited program enabling degree holders to be registered as professional engineers-Same issue arising between plaintiff, other universities-Application dismissed-AUCC not meeting all three criteria to justify intervention set out in Canadian Wildlife Federation v. Canada (1989), 26 F.T.R. 241 (F.C.T.D.)-Not clear how rights of AUCC or member universities will be affected by litigation-Outcome of this case not having any legal effect on terminology used by other universities in courses offered-Other universities may carry on as please regardless of outcome until CCPE bringing action against them-AUCC not showing how will bring point of view to litigation different than that brought by Memorial-Expeditiousness, fairness at root of conditions to be met by proposed intervenors-Where rights of intervenors not affected by litigation, intervenors not shown to add anything new to issues, Court cannot allow itself to become bogged down with expansion of participants in litigation-Addition of participants almost invariably complicating proceedings, resulting in some additional time, expense-AUCC cannot bind member universities-Where not unreasonable for members of association to seek status in own right, that course of action must be seriously considered-Allowing AUCC to intervene not reducing litigation as other member universities of AUCC not bound by decision in action-Even if decision adverse to Memorial herein, other universities could still do what Court may have prohibited Memorial from doing, raise new defences in new litigation.