Can a party raise issues on judicial review that they did not raise in their initial notice of application?
Canada (Federal), Canada
The following excerpt is from Kinsey v. Canada (Attorney General), 2007 FC 543 (CanLII):
Before turning to the substantive issues in this application, I must deal with two preliminary objections made by the respondents. First, counsel argued the constables did not raise the main grounds of their application in either their notice of application or supporting affidavits. Rather, they only raised them in their application records for the first time. Counsel cited Williamson v. Canada (Attorney General), 2005 FC 954, for the proposition that a party cannot raise issues on judicial review that were not raised in his initial notice of application and supporting affidavits.
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