What is the test for admitting evidence beyond the record in a judicial review proceeding?

Nova Scotia, Canada


The following excerpt is from Canadian National Railway v. Teamsters Canada Rail, 2017 NSSC 10 (CanLII):

It is well established that admitting evidence beyond the record in a judicial review proceeding will only be permitted in exceptional circumstances. The general rule is that affidavit evidence which was not before the decision-maker below should not be used to supplement the record on review. There are a few exceptions to that general rule. This Court in Sipekne'katik v. Nova Scotia (Minister of Environment), 2016 NSSC 260 (Sipekne'katik) recently confirmed that these exceptions apply only in “exceptional circumstances.”

Other Questions


What is the test for adding affidavit evidence to the record of a decision-maker in a judicial review? (Nova Scotia, Canada)
Can an affidavit be admitted on judicial review? (Nova Scotia, Canada)
Is there any evidence to support a claim that there is no evidence supporting the existence of an underground mine? (Nova Scotia, Canada)
What is the legal test for judicial review? (Nova Scotia, Canada)
What is the test for judicial deference in determining whether a statutory interpretation is reasonable or unreasonable under reasonableness review? (Nova Scotia, Canada)
What is the current state of the law in the US when it comes to limiting the scope of a plaintiff’s discovery of evidence in a separate proceeding? (Nova Scotia, Canada)
What is the test for a judicial review of a decision by the College of Registered Nurses? (Nova Scotia, Canada)
What is the test for establishing that a person is mentally competent to produce evidence in a family law proceeding? (Nova Scotia, Canada)
What is the test for reasonableness in the context of a judicial review? (Nova Scotia, Canada)
What is the standard of evidence used in medical, scientific and other medical evidence at a jury trial? (Nova Scotia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.