TOWN OF ST. BRIEUX, R.M. OF LAKE LENORE NO. 399, VILLAGE OF LAKE LENORE, ST. BRIEUX REALTY INC., LAKEVIEW PROPERTY OWNERS ASSOCIATION LTD., LAKE LENORE WILDLIFE FEDERATION, v. ST. BRIEUX REGIONAL PARK, 2012 FCA 169

Federal Court of Appeal Cour d'appel fédérale Federal Court of Appeal Cour d'appel fédérale Date: 20120606 Docket: A-122-11 Citation: 2012 FCA 169 CORAM: NOËL J.A. DAWSON J.A. STRATAS J.A. BETWEEN: TOWN OF ST. BRIEUX, R.M. OF LAKE LENORE NO. 399, VILLAGE OF LAKE LENORE, ST. BRIEUX REALTY INC., LAKEVIEW PROPERTY OWNERS ASSOCIATION LTD., LAKE LENORE WILDLIFE FEDERATION, and ST. BRIEUX REGIONAL PARK Appellants and SASKATCHEWAN WATERSHED AUTHORITY Respondent and ATTORNEY GENERAL OF CANADA Respondent Heard at Winnipeg , Manitoba , on June 6, 2012.

Judgment delivered from the Bench at Winnipeg , Manitoba, on June 6, 2012. REASONS FOR JUDGMENT OF THE COURT BY: STRATAS J.A. Date: 20120606 Docket: A-122-11 Citation: 2012 FCA 169 CORAM: NOËL J.A. DAWSON J.A. STRATAS J.A. BETWEEN:

TOWN OF ST. BRIEUX, R.M. OF LAKE LENORE NO. 399, VILLAGE OF LAKE LENORE, ST. BRIEUX REALTY INC., LAKEVIEW PROPERTY OWNERS ASSOCIATION LTD., LAKE LENORE WILDLIFE FEDERATION, and ST. BRIEUX REGIONAL PARK Appellants and SASKATCHEWAN WATERSHED AUTHORITY Respondent and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Winnipeg, Manitoba, on June 6, 2012) STRATAS J.A. [1] This is an appeal from the Order of the Federal Court (per Justice O’Keefe): 2011 FC 240. The Federal Court dismissed anappeal from the Order dated August 20, 2010 of Prothonotary Lafrenière.

The Prothonotary dismissed the appellants’ motion tointervene in a judicial review brought by the Saskatchewan Watershed Authority. [2] In their written submissions in this Court, the appellants advanced essentially the same submissions on the merits of theirmotion to intervene that they advanced, unsuccessfully, before the Prothonotary and the Federal Court judge. [3] This Court, sitting in appeal from an appeal of a first-instance decision-maker, is not free to redetermine the merits of themotion.

Instead, to succeed in this Court, the appellants must demonstrate that the Federal Court erred in a fundamental way in refusingto interfere with the Prothonotary’s decision: Merck & Co. v. Apotex, 2003 FCA 488; Housen v. Nikolaisen, 2002 SCC 33, [2002] 2S.C.R. 235.

The appellants have not demonstrated any such error. [4] In their oral submissions in this Court, the appellants emphasized that they had a strong interest in this matter and aperspective on the issues that was different from those of the parties already before the court. [5] It is evident from the reasons of the Prothonotary and the Federal Court judge that they did appreciate the nature of theappellants’ interest in this matter but found on the facts that they had no contribution to make that would be sufficiently useful anddifferent from those of the parties already before the court.

These are factually-based assessments that can only be disturbed uponsatisfaction of the test set out in paragraph 3, above. In our view, the appellants have not satisfied that test. In this regard, the case at barbears resemblance to cases such as CUPE v. Canadian Airlines International Ltd., (FCA), [2000] F.C.J. No. 220(C.A.), Li v. Canada (2004), 2004 FCA 267 , 327 N.R. 253 (F.C.A.) and Ferroequus Railway v. Canadian National Railway,2003 FCA 408, [6] For the foregoing reasons, we shall dismiss the appeal with costs.

"David Stratas" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-122-11 APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE O’KEEFE DATED MARCH 1, 2011, DOCKET NO. T- 905-10 STYLE OF CAUSE: Town Of St. Brieux , R.M. Of Lake Lenore No. 399, Village Of Lake Lenore, St. Brieux Realty Inc., Lakeview Property Owners Association Ltd., Lake Lenore Wildlife Federation, v. Saskatchewan Watershed Authority St. Brieux Regional Park and Attorney General of Canada PLACE OF HEARING: Winnipeg, Manitoba DATE OF HEARING: June 6, 2012 REASONS FOR JUDGMENT OF THE COURT BY: Noël, Dawson, Stratas JJ.A.

DELIVERED FROM THE BENCH BY: Stratas J.A. APPEARANCES : G. Rangi Jeerakathil FOR THE APPELLANTS

Michael T. Megaw, Q.C. E. Scott Hopley FOR THE RESPONDENT, Saskatchewan Watershed Authority Michael Brannen FOR THE RESPONDENT, Attorney General of Canada SOLICITORS OF RECORD : MacPherson Leslie & Tyerman LLP Saskatoon , Saskatchewan FOR THE APPELLANTS Gerrand Rath Johnson LLP Regina, Saskatchewan FOR THE RESPONDENT, Saskatchewan Watershed Authority Myles J. Kirvan Deputy Attorney General of Canada FOR THE RESPONDENT, Attorney General of Canada