What is the test for intervening in a motion?
Ontario, Canada
The following excerpt is from Miller v. Jansen et al and Elguindy, 2012 ONSC 4059 (CanLII):
[14] The reasons in Andrews v. Ontario (Minister of Transportation)[1] confirms the Rule 13, three part test as requiring the court to ask: (1) Does the proposed intervenor have an interest in the subject matter of the proceeding? or (2) Will the proposed intervenor be adversely affected by a judgment in the proceeding? or (3) Does there exist between the proposed intervenor and one or more parties to the proceeding a question of fact or law in common with one or more of the questions in issue in the proceeding?
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