Administrative bodies most knowledgeable with impugned legislation had important perspective

Applicants were provincial milk marketing board and national non-profit organization that represented 12000 licensed dairy farms. Group of producers and consumers of unpasteurized raw milk sought constitutional exemption under legislation to permit processing, sale and distribution of raw milk for direct consumption at farm gate. Master dismissed applicants’ motion pursuant to Rule 13. 01 of the Rules of Civil Procedure for leave to intervene as added parties in underlying application. Applicants appealed. Appeal allowed. On-farm milk safety programs established and administered by applicants were integrally connected to mandatory pasteurization laws and regulations that challenge as being unconstitutional. Relief sought would impact applicants both directly in terms of their programs and policies as well as indirectly in terms of interests of licensed milk producers they represented including reputational harm . Applicants’ perspective was distinct from parties . Underlying application was at early stage and applicants had undertaken to make sure their evidence was not duplicative . Administrative bodies most knowledgeable and familiar with impugned legislation obviously had important perspective to offer and issues were of public nature.

Affleck v. AGO (2019), 2019 CarswellOnt 2539, 2019 ONSC 1292, Backhouse J. (Ont. Div. Ct.).