The Alberta Court of Appeal noted that the reluctance to award costs against interveners was primarily associated with “public interest” interventions, often seen in constitutional challenges, to encourage access to justice and advocacy on matters of significant public concern. However, the court said many interventions seek to advance private interests rather than the public good.
The court distinguished public and private interveners, suggesting that costs could be awarded against those whose interventions serve primarily private interests and whose applications are unsuccessful. This approach aims to deter frivolous or “busybody” interventions, ensuring that only those with a genuine stake or unique perspective contribute to the legal discourse.
In this specific case, the Association, representing the majority of life insurers in Canada, was deemed to be advancing private interests through its attempted intervention. The court found that the Association’s submissions were unnecessary to resolve the appeal and closely aligned with IVARI’s position rather than offering a fresh perspective.
Ultimately, the court exercised its discretion to award costs against the Association, ordering it to pay Thomson costs totalling $2,700, in addition to charges of $9.25 and applicable GST.
