What is the current state of the law on new evidence in a judicial review?

The court adopts a supervisory role on judicial review. Among other things, this means that the reviewing court must conduct the proceedings based on the record that was before the administrative decision maker: Albu v. University of British Columbia, 2015 BCCA 41, at paras. 35-36. Thus, a general rule precludes the receipt of new evidence on a judicial review, subject to certain exceptions respecting materials which tend to facilitate or enhance the court's supervisory task. Those exceptions contemplate evidence which: • provides "general background" information which will assist the reviewing court in understanding the issues on the judicial review; • brings to the court's attention procedural defects that cannot be found in the evidentiary record of the administrative decision maker; or, • identifies or reconstructs the record that was before the administrative decision maker. This includes materials which demonstrate the "complete absence of evidence" before the administrative decision maker with respect to a particular finding.