Is the Adam Report admissible for judicial review purposes?
British Columbia, Canada
The following excerpt is from Conklin v University of British Columbia, 2021 BCSC 1569 (CanLII):
The Adam Report is not admissible for these purposes because neither is consistent with the limited role of the court on judicial review. First, admitting evidence that was not before a tribunal to illustrate its alleged errors is precisely what a reviewing court should not do, namely, engage in “a fresh examination of the substantive issues”: Air Canada v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 BCCA 387 at para. 34.
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