Can a rehearing of a claim be reviewed by the Court of Appeal if the rehearing board used considered "new" evidence?

Alberta, Canada


The following excerpt is from Manyluk v. Alberta (Municipal Government Board), 2010 ABQB 194 (CanLII):

Other courts have stated that there can be judicial review decision of a rehearing if the rehearing board used considered “new” evidence. See, for example, Dilcox v. Alberta (Workers’ Compensation Board), 2006 ABQB 596, 49 Admin. L.R. (4th) 157. For a rehearing tribunal to extend the six month limitation period, I believe that the case on rehearing: (a) must be meritorious; and (b) must disclose either (i) an error of law or jurisdiction of the tribunal below, or (ii) new evidence not discoverable before by the exercise of due diligence. (This must be significant new evidence beyond just a new fact, trend or circumstance though I recognize that a series of minor facts weighed together could constitute such new evidence.) (c) must not raise for the first time an argument which should have been voiced in the initial hearing; and (d) must disclose a good reason for any delay which results in the applicant being unable to pursue the rehearing within the six month time limit for filing an application for judicial review.

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