The following excerpt is from Vento Motorcycles, Inc. v. United Mexican States, 2021 ONSC 7913 (CanLII):
Before turning to the specific paragraphs in issue, I note that another exception to the general principle that the record on judicial review is restricted to what was before the decision-maker is the exception that relates to background information, which can cover affidavit evidence setting out a neutral summary of procedures, summarizing or identifying key evidence before the decision-maker below, and evidence that otherwise facilitates the court’s reviewing task and does not invade the administrative decision-maker’s role as fact-finder and merits-decider: see Scott v. Toronto (City), 2021 ONSC 858 at para. 19. In my view, this exception generally applies in the context of an application to set aside an international arbitral award, and many paragraphs of the Weiler Affidavit – to which there is no objection – provide this kind of “background information”.
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