Decision Date: January 10, 1997

Panel: Toby Vigod

Keywords: test for intervenor status; duplication of evidence.

This is an application by the Friends of Clayoquot Sound (the ‘Friends’) for intervenor status in an appeal by International Forest Products Limited (‘Interfor’) to the Forest Appeals Commission. Interfor is appealing the decision of a Review Panel upholding a determination made by the District Manager that Interfor violated section 63(2)(b) of the Forest Practices Code and section 17(1)(c) of the Forest Road Regulation.

The Commission held that in determining whether a party should be granted intervenor status the Commission must consider (1) whether the applicant has a genuine interest in the appeal, and (2) whether the applicant’s participation would assist the proceeding. The Commission found that the Friends have a genuine interest in the proceedings, and that the Friends’ participation would be helpful in ensuring the evidence is complete and the issues are fully canvassed. The Friends’ delay in applying to intervene was satisfactorily explained and did not prejudice the other parties. The Friends were granted full party status in the appeal. The application was granted.