Can a reconsideration panel consider extrinsic evidence as part of a judicial review?
British Columbia, Canada
The following excerpt is from WCAT-2009-03041 (Re), 2009 CanLII 77364 (BC WCAT):
I am aware that judicial review concerns the record that was before a tribunal. There are significant limitations on a court’s ability to receive extrinsic evidence as part of a judicial review (Karbalaeiali v. British Columbia (Deputy Solicitor General), 2006 BCSC 13, at paragraphs #51 through #54). I appreciate I am not hearing a judicial review. Yet, to the extent that reconsideration panels apply the standards of review applied by the courts on a judicial review, there might be merit in reconsideration panels being guided by other considerations relevant to judicial review.
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