CIVIL PROCEDURE - Parties - Intervenors - Requirement of interest

Law360 Canada (July 12, 2023, 5:50 AM EDT) -- Application by Canadian Bankers’ Association (CBA) for leave to intervene in fast-track appeals of Qualex-Landmark Towers (QLT). The appeal involved a landowner, 12-10 Capital Corp. (Capital), and three mortgagees as appellants, and QLT as respondent. QLT alleged that its lands had been contaminated due to leaching from Capital lands. In chambers, QLT obtained permission to add the three mortgagees as defendants and obtained an attachment order pursuant to Part 3 of the Alberta Civil Enforcement Act, in the amount of $2 million in respect of any sales proceeds generated from the sale of the Capital lands. The chambers judge exercised his discretion to grant an attachment order to QLT charging the Capital Lands in priority to the mortgages held by the three lenders. The CBA through its general counsel, Mason, filed a sworn affidavit, deposing that the CBA was the national voice of the Canadian banking industry and worked to advocate for and promote banking in Canada. She noted that CBA had intervened in approximately 20 appeals over the last 30 years in matters that were of concern to the banking industry. QLT opposed CBA’s application for leave to intervene, submitting that the CBA overstated the implications of this appeal and the extent to which it would directly or specifically affect the CBA....
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