In what circumstances will a judge refuse leave on the grounds that the application is not in the public interest?
Alberta, Canada
The following excerpt is from Capital Power Corporation v. Lehigh Hanson Materials Limited, 2013 ABQB 413 (CanLII):
In Frank v. Vogel, McIntyre J. also refused leave on other grounds, but it was his view that the public interest requirement is now so entrenched in the law of Alberta that he would have been inclined to apply it.
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