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The Law of Intervention after the TWU Law School Case: Is Justice Seen to Be Done?

SSRN, ISSN: 1556-5068
2019
  • 1
    Citations
  • 815
    Usage
  • 0
    Captures
  • 0
    Mentions
  • 54
    Social Media
Metric Options:   Counts1 Year3 Year

Metrics Details

  • Citations
    1
    • Citation Indexes
      1
  • Usage
    815
    • Abstract Views
      703
    • Downloads
      112
  • Social Media
    54
    • Shares, Likes & Comments
      54
      • Facebook
        54
  • Ratings
    • Download Rank
      495,567

Article Description

This paper argues that the complexities of the TWU law school case offer much to consider regarding the law of intervention in Charter litigation, including the issues of time and balance which preoccupied the Ontario courts, and the influence of public outcry on the Supreme Court. It concludes with a practical solution to the concerns raised by the Ontario courts: non-hearing motions; no arbitrary restrictions based on notions of "balance"; and the court would dictate the length of the factum and oral argument (if any) for each intervener. This would recognize the importance of allowing proposed interveners, who meet the test for intervention, to participate and allow the public to see that justice is done.

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