In DESW, the SCC held that this factor is concerned with whether "the plaintiff has a real stake in the proceedings or is engaged with the issues they raise".
In DESW, the SCC noted that although this factor has often been expressed as a strict requirement (e.
In the circumstances of the DESW case, the SCC noted that there was generally no dispute that the action raised serious and justiciable issues.
As for the second factor, the SCC held that both the DESW and the individual applicant have a genuine interest in the outcome of the current claim and are "no busybod[ies].
The practical realities of the issues are such that it is very unlikely that these accused persons would bring a claim similar to that of DESW and the individual.