Can an affidavit be admitted on judicial review?

Nova Scotia, Canada


The following excerpt is from Nova Scotia Union of Public & Private Employees Local 13 v. Halifax Regional Municipality, 2021 NSSC 171 (CanLII):

This is not a case like Kelly v. Nova Scotia Human Rights Commission, supra, where an affidavit was admitted on judicial review in order for the court to better understand what had been decided, given that the wrong section of the legislation had been identified as the basis for the complaint being dismissed; that reference was an error, and the complaint had actually been dismissed pursuant to a different section. This was an error by the decision maker which needed explaining, constituting an exceptional circumstance.

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