Form 65QQ – Affidavit of Intervention

Jurisdiction: Canada — Prince Edward Island

What is a Form 65QQ – Affidavit of Intervention?

Form 65QQ is a sworn affidavit you file when you want permission to take part in a court case that you are not already part of. In Prince Edward Island, “intervention” means joining an existing proceeding as an intervenor. You are not becoming a plaintiff or defendant. You are asking the court to let you be heard because the outcome could affect your rights, your legal interests, or a public interest you represent.

The affidavit is your evidence on the intervention request. It tells the court who you are, why you care, what you want to say, and how your participation will help the court. You sign it under oath or affirmation. A commissioner for oaths, notary public, or another authorized official must witness your signature. If you include documents to support your affidavit, you attach them as exhibits.

Who typically uses this form?

Individuals, businesses, insurers, lenders, municipalities, professional associations, unions, non-profits, advocacy groups, and government actors often do. In practice, an intervenor is anyone with a stake that is not fully represented by the current parties. Sometimes a statute gives a right or expectation to intervene. More often, you ask for the court’s permission (leave) and explain why your input will help resolve the issues.

Why would you need this form?

Because you cannot simply show up in someone else’s case and argue. The court controls who participates. Your Form 65QQ is how you put sworn evidence before the court to support a motion for leave to intervene. It explains:

• Your connection to the case and what’s at risk for you or those you represent.
• The issues you will address and your position on them.
• The form of participation you seek (for example, written submissions only, brief oral argument, filing an affidavit on a discrete point, or making submissions on remedy).
• Any conditions you accept, such as page limits or no-costs exposure.

Typical usage scenarios include:

• You hold a registered mortgage and want to be heard in a foreclosure action started by another lender.
• You are an insurer with a coverage position that affects whether counsel participates in the defence or whether a settlement binds you.
• You are a creditor in a debtor’s proceeding and the outcome will rank or defeat your claim.
• You are an industry association with expertise on a narrow issue that could set precedent for your members.
• You are a municipality or regulator with technical knowledge about a statutory scheme the case will interpret.
• You are a family member or beneficiary seeking to be heard in an estate dispute that could determine your entitlement.
• You are a public interest group seeking leave to speak on a constitutional or human rights question raised in the case.

The court may be the Supreme Court of Prince Edward Island (trial level) or the Court of Appeal. Your affidavit supports your motion in the court where the case is being heard.

When Would You Use a Form 65QQ – Affidavit of Intervention?

You use this form when a court case is underway and you are not listed as a party, but you need the court’s permission to participate. Timing matters. File your affidavit and motion as soon as you know the case could affect your interests. Courts expect intervenors to move promptly. Do not wait until the eve of a hearing unless there is a compelling reason.

Here are common situations:

• Trial court proceedings: You learn that a civil action between two other parties may determine rights in your property, your contract, or your security. For example, a dispute over title raises an easement you rely on. You file Form 65QQ to explain your interest, the narrow issue you will address, and why the current parties do not cover it.
• Judicial review: An administrative decision about licensing, permits, or professional discipline implicates your sector. You can add value by explaining the regulatory context. Your affidavit describes your expertise and the focused legal issue you will speak to, without duplicating the parties’ submissions.
• Appeals: A judgment raises a legal issue that extends beyond the immediate parties. You want to make short legal submissions on standard of review, statutory interpretation, or remedy. Your affidavit sets out your perspective and asks to file a factum and make brief oral submissions, with no new evidence.
• Insurance and coverage: Liability is in dispute in a tort action and the coverage decision affects your obligation to defend or indemnify. Your affidavit explains the policy, the coverage position, and the scope of the intervention you seek (often limited to costs allocation or the interpretation of the policy).
• Creditors’ and enforcement contexts: A debtor is litigating priority or enforcement issues. As a secured creditor, you ask to intervene to address priority ranking and potential prejudice to your security. Your affidavit attaches loan and registration documents as exhibits and explains the concrete impact.
• Estates and trusts: The court is asked to interpret a will or approve a trustee’s plan. A beneficiary who is not named as a party wants to be heard on a specific construction issue. Your affidavit states your status, your interest in the residue or a specific bequest, and the confined question you will speak to.
• Constitutional or public interest: A case raises a constitutional question or a matter of broad public importance. You represent an organization with relevant knowledge. Your affidavit identifies your mandate, your members, and the unique perspective you will bring. You ask for leave to make submissions on defined issues, with page and time limits.

Typical users include business owners, lenders, landlords, tenants with registered interests, professional bodies, municipalities, insurers, unions, non-profits, advocacy coalitions, and individuals with a direct legal interest. If you are unsure whether to intervene or seek to be added as a party, consider the scope you need. Intervention is narrower and often faster. It lets you speak to defined issues without taking on full party obligations like discovery.

Legal Characteristics of the Form 65QQ – Affidavit of Intervention

An Affidavit of Intervention is sworn evidence, not a contract. It is legally binding in the sense that:

• You swear or affirm that the contents are true to the best of your knowledge. False statements can lead to penalties, including perjury, contempt, or costs.
• The court relies on it to decide whether to grant you leave and on what terms. If leave is granted, the order sets legal limits on your participation. You must comply with those terms.

Enforceability comes from compliance with court rules and affidavit law:

• Proper form: The affidavit uses the correct court style, file number, and caption. Paragraphs are numbered. Exhibits are marked and referenced. The jurat (the sworn statement at the end) clearly shows the date, place, and identity of the commissioner for oaths or notary who administered the oath or affirmation.
• Personal knowledge: For a leave motion, your affidavit focuses on facts within your knowledge about your interest and the help you can offer. If you rely on information from others, you state the source and believe it to be true. The court expects reliability and relevance.
• Service and notice: You serve your materials on all existing parties. You respect any timelines for motion materials. Proper service ensures fairness and supports the court’s discretion to hear your request.
• Scope: Courts guard against delay and duplication. Your affidavit should request a scope of intervention that is tailored, efficient, and fair. The narrower and more focused your ask, the more likely the court can accommodate it without prejudice to the parties.

The legal test is discretionary. Courts consider whether:

• You have a direct interest or a genuine perspective that will assist the court.
• Your participation is different from the parties’ positions and will not cause undue delay or prejudice.
• The issues you want to address are properly before the court.
• In appeals, your submissions will be confined to legal issues on the record, without new evidence.

Costs are a real consideration. If your intervention adds time or duplication, the court may impose cost consequences. It can also restrict you from seeking or being liable for costs, depending on the circumstances. Be ready to propose a costs position in your affidavit (for example, you will not seek costs and will not be liable for costs except in exceptional cases).

Confidentiality and sealing may arise if your exhibits contain sensitive information (for example, policy pricing, proprietary data, or minor’s information). If you need a sealing order or initials, explain why and propose tailored measures.

If you are a corporation or organization, an authorized officer or representative should swear the affidavit. State their title and authority to speak for you. If the affidavit is sworn outside Prince Edward Island, ensure the commissioner’s authority is clear. Include their full name and title in the jurat. Where required, add a brief statement of authority or attach a short certificate.

How to Fill Out a Form 65QQ – Affidavit of Intervention

You are preparing a sworn document that will be read by the judge. Keep it clear, concise, and focused on what the court needs to decide. Here is a step-by-step guide.

1) Identify the court and file details

• Court: Use the correct court name where the case is pending (for example, Supreme Court of Prince Edward Island or Court of Appeal). Match the existing file.
• File number: Copy it exactly as it appears on prior documents.
• Style of cause: Use the parties’ names exactly as on the existing pleadings or notice of appeal. You are not yet adding your name to the title. Add “and Between” formatting if used in the file, and include “and” for third parties if applicable.

2) Title your document correctly

• Use the exact form name: “Form 65QQ – Affidavit of Intervention.”
• Under the title, state “Affidavit of [Your Full Name],” so the judge knows who is swearing.

3) Start with deponent information

• Paragraph 1: State your full legal name, role, and connection. For example: “I, Jamie Lee, of Charlottetown, Prince Edward Island, am the Claims Manager of ABC Insurance Company, the proposed intervenor.”
• Paragraph 2: State how you have personal knowledge. For example: “I have knowledge of the matters in this affidavit by virtue of my position and review of ABC’s records.”

4) Describe the case you seek to intervene in

• Identify the proceeding succinctly. Include the style of cause, court level, and the stage (trial set for date, appeal scheduled, or motion pending).
• State the key issue(s) that make your intervention relevant. Do not argue the whole case here. Keep it to context.

Example: “This appeal concerns the interpretation of section X of the Y Act. ABC’s policy wording is materially similar to the statutory language at issue.”

5) Set out your interest and standing

• Explain your legal interest or your organizational mandate. Be concrete. If you have a direct property or contractual right at stake, say so and attach proof.
• If you rely on public interest standing, describe your expertise, membership, or unique perspective that the current parties do not bring.

Example: “ABC insures the defendant under policy number 12345, which includes a duty to defend subject to exclusions. The outcome may determine whether ABC is obliged to fund the defence.”

6) Specify the relief you seek (what you want the court to permit)

• Spell out the scope of intervention you are asking for. Tailor it to the court and the case stage.

Common asks:

• “Leave to intervene to file a 15-page factum and present 10 minutes of oral submissions on the interpretation of section X.”
• “Leave to intervene at first instance to make submissions on the priority of security interests, without adducing evidence, and with no right to cross-examine.”
• “Leave to adduce a short affidavit from [expert/official] on the administrative scheme’s operation, limited to background not otherwise in the record.”
• Address costs. For example: “ABC will not seek costs and asks that no costs be awarded against it.”

7) Explain how your participation will assist the court

• Identify the precise issues you will address. Explain why your perspective is distinct and helpful. Avoid duplication.
• Acknowledge efficiency. Offer page limits, time limits, or other conditions that protect the hearing schedule.

Example: “ABC’s submissions will focus on the interaction between section X and standard commercial policy clauses, drawing on judicial interpretation in analogous contexts. ABC will not repeat the parties’ submissions on jurisdiction or remedy.”

8) Address prejudice and timing

• Confirm that you moved promptly after learning of the case or issue.
• Explain that your intervention will not delay the hearing or require adjournment. If timelines are tight, propose filing dates that fit the existing schedule.

9) Provide the factual foundation

• Attach key documents as exhibits, each marked with a letter (A, B, C) and a brief exhibit stamp. Refer to them in the body.
• Keep exhibits relevant and limited. Examples: the insurance policy, mortgage, assignment, organizational mandate, corporate resolution authorizing intervention, or the impugned decision.

Example paragraph: “Attached as Exhibit ‘A’ is a true copy of policy no. 12345 issued by ABC to the defendant, effective January 1 to December 31, 2025.”

10) Use proper affidavit form and language

• Number each paragraph. Use first person (“I”).
• Stick to facts. If you state information on belief, identify the source and why you believe it.
• Avoid argument. Save legal argument for your memorandum or factum, if the court allows one.

11) Add any schedules

• Schedule A: Proposed Intervenor’s Outline or Draft Submissions (if helpful and permitted). Keep it short. This shows the court your focus.
• Schedule B: Draft Order for Leave to Intervene. Judges appreciate a draft with your proposed terms. Include scope, page/time limits, costs position, and any conditions.
• Schedule C: Service List. List counsel and addresses for all parties. This supports your service effort.

12) Complete the jurat (the commissioning section)

• At the end, leave space for the jurat. The commissioner fills in the place and date, and signs. Your name must match the affidavit heading.
• If you swear or affirm outside Prince Edward Island, ensure the official includes their full name, title, and authority. If local practice requires an additional certificate, attach it.

13) Sign and commission

• Sign only in the presence of the commissioner for oaths, notary public, lawyer with commissioning authority, or other authorized person. You can affirm rather than swear if you prefer.
• Initial any changes. The commissioner should initial those changes too.

14) Final check for form compliance

• Confirm the style of cause, file number, and court are correct.
• Confirm paragraph numbering, exhibit letters, and references match.
• Ensure your contact information is on the back page or the designated section.

15) Serve the affidavit and supporting motion materials

• Serve all parties of record. Use the method required by the court rules (personal service, service on counsel, or another approved method).
• Include your notice of motion for leave to intervene, any brief, your draft order, and your affidavit (Form 65QQ). Attach proof of service for filing.

16) File with the court

• File your materials with the registry for the court where the case is pending. Pay any filing fee.
• If urgent, request a hearing date or speak to scheduling as directed by the registry. Be prepared to coordinate with the parties.

17) Prepare for the hearing of your motion

• Be ready to answer questions about your interest, the focus of your submissions, and how you will avoid duplication.
• Have a short speaking outline that tracks your affidavit and your proposed order. Keep it tight and practical.

Content to include in specific sections of Form 65QQ:

• Parties: In the caption, list the existing parties exactly. In the body, identify yourself as the proposed intervenor and your relationship to a party (if any).
• Clauses: These are the numbered paragraphs of your affidavit. Organize them as follows:
• Introduction and authority to swear.
• Description of the proceeding and stage.
• Your legal interest or public interest standing.
• Relief sought (scope, costs position).
• How you will assist the court and avoid duplication.
• Prejudice and timing.
• Exhibits description and purpose.
• Signatures: You sign the affidavit. The commissioner signs the jurat. If you are a corporate officer, state your title under your signature.
• Schedules: Add your Draft Order and, if appropriate, a short Outline or Draft Submissions, and a Service List. Clearly label each Schedule. Refer to them in the affidavit.

Practical drafting tips:

• Keep it tight. Judges appreciate brevity with substance. Aim for 4–8 pages plus focused exhibits.
• Use headings within the affidavit to guide the reader (for example, “Interest,” “Relief Sought,” “Assistance to Court”).
• Anticipate objections. If the parties might argue you will delay or duplicate, address that head-on with concrete limits.
• Avoid merits advocacy. Your affidavit should not re-argue the case. It should explain why you should be allowed to speak, and on what.
• Confirm consent if available. If any party consents or does not oppose, say so and attach correspondence as an exhibit.

Common Mistakes to Avoid

• Vague interest. “We are concerned” is not enough. Show concrete impact or concrete value.
• Overbroad ask. Do not ask to file “any evidence we deem appropriate” or to “address all issues.” Be specific.
• Late filing without explanation. If timing is tight, explain why and propose conditions that protect the schedule.
• Unsupported assertions. If you claim expertise, support it with brief facts (membership, experience, prior interventions).
• Faulty commissioning. Do not sign before meeting the commissioner. Do not leave blanks in the jurat.

After the order is granted

• Follow the terms strictly. File your factum, affidavit, or other materials within the deadlines set. Meet page or time limits.
• Stay in your lane. Do not expand beyond the scope granted without leave.
• Manage costs. Respect any “no costs” or “no costs except exceptional circumstances” condition.

If the order is refused

• Read the reasons, if any, to consider whether a narrower request would be acceptable. You may renew in a tailored form if the court leaves that door open. Otherwise, consider whether to make your perspective available to a party as an amicus-type letter or by assisting their counsel informally.

By approaching Form 65QQ with focus and discipline, you increase the chance that the court will see your participation as an asset rather than a burden. Your goal is simple: explain who you are, why you matter to the issues, and how you will help the court decide the case fairly and efficiently.

Legal Terms You Might Encounter

• Affidavit. A sworn written statement of facts. In this form, you swear that everything you state about why you should be allowed to intervene is true to the best of your knowledge. The affidavit lets the court rely on your evidence without live testimony at this stage.
• Deponent. The person who swears the affidavit. That is you, or the authorized representative of your organization. Your name and role appear at the top of the form and in the jurat where you sign.
• Intervention. A request to be added to a case because you have a direct interest or can assist the court. Your affidavit must explain your connection to the issues and what you want the court to permit you to do in the case.
• Standing. Your legal right to participate. You use the affidavit to show you have standing. You do this by stating clear facts about how the case affects you or your organization.
• Style of cause. The formal case title. It lists the parties and the court file number. You must copy it exactly from the existing case. Incorrect names or a wrong file number can cause delays or rejection.
• Exhibit. A document or item you attach to your affidavit as evidence. Each exhibit must be labeled and referred to in the text. For example, “A copy of the agreement is attached as Exhibit A.” The commissioner will note each exhibit on the exhibit page.
• Jurat. The section where you swear or affirm the affidavit. It records the date, location, and the name and title of the person who administered the oath or affirmation. Without a proper jurat, your affidavit is invalid.
• Commissioner for Oaths or Notary. The official who administers your oath or affirmation and signs the jurat. You must sign in their presence. They must see your ID and confirm you understand you are swearing to the truth.
• Service. Delivering your sworn affidavit to every party in the case. You usually must serve all parties who may be affected by your request to intervene. Keep proof of when and how you served them.
• Material facts. Facts that matter to the court’s decision. Your affidavit should include only material facts. Avoid opinions and arguments. Stick to what happened, who did what, and when.

FAQs

Do you need a lawyer to complete Form 65QQ?

No, you can complete and swear the affidavit yourself. That said, a lawyer can help you frame the facts clearly and ensure you meet procedural rules. If your intervention involves complex issues or may affect many parties, consider legal help to avoid missteps.

Do you include legal arguments in this affidavit?

No. Keep arguments out of the affidavit. The affidavit is for facts. You can state why you want to intervene and what role you seek, but avoid legal conclusions. If the court allows written submissions, put legal arguments there, not in the affidavit.

Do you have to swear the affidavit in front of a commissioner or notary?

Yes. You must sign in front of a commissioner for oaths or a notary. Bring government-issued ID. The commissioner will confirm your identity, witness your signature, and complete the jurat. Do not sign the affidavit before you meet them.

Do you need to attach documents as exhibits?

Attach only documents that help prove the facts you state. Examples include agreements, correspondence, policies, public notices, or decisions that show your interest in the case. Label each exhibit and refer to it in the affidavit text, so the court can connect the facts to the evidence.

Do you have to serve every party in the case?

Yes. You should serve all parties who could be affected by your intervention. This ensures fairness and gives them a chance to respond. Use a reliable method of service and keep proof of service. If the court sets a hearing date, serve in time for parties to prepare.

Do you need consent from the existing parties to intervene?

No, consent is not required. However, if one or more parties consent, note that in your affidavit and attach any written consent as an exhibit. Consent does not replace the court’s decision. The court still decides whether to grant you leave to intervene.

Do you use first-hand knowledge only, or can you include information from others?

Use first-hand knowledge wherever possible. If you must include information from others, be clear about the source and why you believe it to be true. If you speak for an organization, explain your role and how you know the facts from your work.

Do you need to file anything else with this affidavit?

Usually, you will also file the document that asks the court to let you intervene, such as a notice of motion or application. Your affidavit supports that request. Check what else the court expects, such as a proposed order, a short fact summary, or a service list.

Checklist: Before, During, and After the Form 65QQ – Affidavit of Intervention

Before signing

• Confirm the exact style of cause and court file number from the case record.
• Identify your interest in the case in one sentence. For example: “Our organization represents members directly affected by the policy at issue.”
• Map your material facts in a short timeline. Start with the earliest relevant date and move forward.
• Gather exhibits that prove key points. Decide what is essential and leave out duplicates.
• Prepare a service list with names, addresses, and emails of all parties and their counsel.
• Book an appointment with a commissioner for oaths or notary. Ask what ID to bring and the fee.
• Print single-sided copies of the affidavit and exhibits, with space for exhibit stamps.
• If you represent an organization, bring proof of your authority to swear (such as a board resolution or appointment letter).
• Prepare a draft order or any required hearing request if the court expects it.
• Set up file naming and folders so you can store the final sworn version and exhibits cleanly.

During signing

• Check the first page: your full name, role, and contact details are accurate.
• Verify the style of cause and court file number match the case exactly.
• Confirm paragraphs are numbered and written in the first person (“I”).
• Ensure every fact is clear, specific, and supported where possible with an exhibit.
• Cross-check each exhibit reference. The label in the text must match the exhibit tab.
• Remove argument and adjectives. Keep it factual. Replace “clearly unlawful” with the facts behind that view.
• Confirm dates, amounts, and names. Correct typos before you swear.
• Decide whether you will swear or affirm. The commissioner will record this in the jurat.
• Sign each page if required, and initial any small corrections. Do not leave blanks.
• Ensure the commissioner completes the jurat fully, including date, place, name, and title, and stamps or seals if applicable.

After signing

• Make a clean scan of the entire affidavit and all exhibits as a single PDF in order.
• File the affidavit with the court as required for your intervention request. Bring the original and copies if filing in person.
• Pay any filing fees. Ask for a stamped copy for your records.
• Serve all parties with the filed affidavit and any related documents. Use the service list you prepared.
• Prepare and keep proof of service, such as an affidavit of service or delivery receipt.
• Calendar any deadlines and the hearing date, if set. Allow time for responses.
• Store the original sworn affidavit and a backup digital copy in a secure location.
• Prepare a short outline of the facts you swore to, so you can answer questions at the hearing without contradicting your affidavit.
• Track any new developments. If facts change, plan for a supplementary affidavit.

Common Mistakes to Avoid

• Don’t forget to sign in front of a commissioner. Consequence: The affidavit is invalid. The court may refuse to read it, and your intervention request can be delayed or dismissed until you file a proper sworn version.
• Don’t mix arguments with facts. Consequence: The judge may give your evidence less weight or require a rewrite. Keep the affidavit factual and attach a separate brief if the court allows written submissions.
• Don’t mismatch exhibits and references. Consequence: The court may struggle to find your evidence, which undercuts your position. Label every exhibit clearly, and make sure the text points to the correct lettered tab.
• Don’t use vague or secondhand statements without clarity. Consequence: Weak or unclear facts reduce credibility. Use precise details (names, dates, events). If you rely on information from others, say who, how you know, and why you believe it.
• Don’t misstate the style of cause or file number. Consequence: Filing staff may reject your documents or place them in the wrong file. Copy the title and number exactly from the existing case.

What to Do After Filling Out the Form

1. File your affidavit with the court. Submit the sworn affidavit together with the document that asks the court to allow your intervention. Bring enough copies for the court and for service on the parties. Ask for a stamped copy for your records.
2. Serve every party. Deliver your filed affidavit and related documents to all parties or their counsel. Choose a service method allowed by the court. Record the date, method, and person served. If a hearing is scheduled, serve early enough to allow a response.
3. Prepare for the hearing. Build a concise outline that mirrors the paragraphs in your affidavit. Note the page and exhibit references for each key fact. Be ready to explain your interest, how your participation will assist the court, and any limits you propose for your role.
4. Manage responses. Track any affidavits or briefs filed by other parties about your intervention. Note issues they raise and whether you need to reply. If you must respond with new facts, plan a supplementary affidavit.
5. Correct errors promptly. If you discover a minor error that does not change meaning, you can clarify it at the hearing. If the error is significant, prepare and swear a supplementary affidavit that corrects the record. Cross-reference the original paragraph and explain the correction.
6. Update exhibits if needed. If a critical document was missing or incomplete, attach it to a supplementary affidavit and explain why it was not included earlier. Keep exhibit labels consistent (for example, continue with Exhibit D, E, and so on).
7. Keep your records organized. Store the original affidavit, stamped copies, proof of service, and correspondence in one secure file. Keep a digital index of exhibits. This helps you locate items quickly during the hearing.
8. Coordinate with interested parties. If any parties consent to your intervention, gather written confirmations and file them as needed. Consent can streamline the hearing, even though the court still makes the final decision.
9. Plan your scope. If the court may limit your role, consider what would still be helpful. For example, you might seek permission to file a brief, make short oral submissions, or address specific issues. Being practical about scope can support your request.
10. Follow through after the decision. If your intervention is granted, note what you are allowed to do and any deadlines. If it is refused, review the reasons. Decide whether to adjust your materials, seek a narrower role, or take any permitted next steps.
11. Monitor the case going forward. If you become an intervenor, track all new filings and orders. Keep your contact information current with the court and parties. Meet any obligations set out in the order allowing your intervention.