The respondent does agree that there are exceptions to the general rule that the appeal record is to be limited to the materials before the original body, as argued by the petitioner, those being: a) evidence that attempts to reconstruct what was before the tribunal in the absence of a complete record; b) evidence demonstrating a breach of natural justice, procedural fairness, bias or improper purpose; c) evidence that a decision-maker’s conclusion was based on a complete absence of evidence; and d) general contextual or background evidence, that does not go to the merits but assists the court in understanding the issues: Bernard v. Canada (Revenue Agency), 2015 FCA 263 at paras. 25 and 26.
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