What is the current state of the law on admitting fresh evidence on a judicial review?
British Columbia, Canada
The following excerpt is from Telus Communications Company v. Telecommunications Workers Union, 2009 BCSC 1289 (CanLII):
In Karbalaeiali v. British Columbia (Deputy Solicitor General), 2006 BCSC 13 the court stated at paras. 53 and 54 that the rule against admitting fresh evidence on a judicial review is not absolute, but emphasized that only extrinsic evidence relevant to the issues of lack of jurisdiction or denial of natural justice may be admitted.
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