Can a party bring new or new evidence in a judicial review?
Canada (Federal), Canada
The following excerpt is from Sharpe v. Canada (Human Rights Commission), 2001 FCT 1130 (CanLII):
In Canada Post Corporation v. Public Service Alliance of Canada (1999), 1999 CanLII 7633 (FC), 164 F.T.R. 288 (F.C.T.D), Gibson J. held: [para 6] It is trite law that fresh or new evidence that was not before the original decision-maker is not permitted in judicial review proceedings, and Rule 317 is not intended to permit a party to repair its failure to present all of the relevant evidence that might or should have been produced before the decision-maker.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In reviewing verdicts for sufficiency of the evidence, what are the guidelines used by the courts in reviewing the evidence? (MultiRegion, United States of America)
Does a party have jurisdiction to bring a supplemental pleading that alleges that a party was involved in a dispute with the other party before the date of filing? (MultiRegion, United States of America)
Is a judicial review application directed against a negative PRRA decision moot where the Applicant for judicial review has been removed from or voluntarily left Canada? (Canada (Federal), Canada)
How have courts interpreted the meaning of the word "judicial review" in the context of judicial review? (Canada (Federal), Canada)
What is the test for judicial review of judicial review rulings in cases involving abuse of discretion? (MultiRegion, United States of America)
What is the test for judicial review of the US Supreme Court's decision not to grant a judicial review? (MultiRegion, United States of America)
What is the scope of judicial review of a decision made by the Federal Environmental Protection Agency against a request by the Sierra Club for a judicial review? (MultiRegion, United States of America)
Can direct substitution be used as a judicial review power under the law of judicial review? (Canada (Federal), Canada)
For the purposes of denying a motion for judicial review of a decision by the Board of Arbitration for Justice denying an application to review the denial of the motion, in what circumstances will the motion be reviewed? (MultiRegion, United States of America)
What is the test for judicial review of judicial review? (MultiRegion, United States of America)
