Cold Lake First Nation brought an Application for Judicial Review of a November 2010 decision of the North-East Regional Director of Parks, Government of Alberta. The Judicial Review required the Court to address two issues, including the admission of new evidence pursuant to Rule 3.22(d). In determining whether or not new evidence should be admitted, the Court relied on Alberta Liquor Store Assn v Alberta (Gaming and Liquor Commission), 2006 ABQB 904. Browne J. stated that:

Judicial review is the review of a decision, not a hearing or decision de novo. When reviewing the reasonableness or the correctness of a decision, the reviewing court must undertake that review based on the information available to the original decision maker…

Browne J. concluded that the admission of new evidence would turn the Judicial Review into a hearing de novo, and would not assist the Court in determining the central issue under Judicial Review. The Application to admit the new evidence was dismissed.