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.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.