DUAN v ALBERTA (LABOUR RELATIONS BOARD), 2022 ABQB 312
3.19: Sending in certified record of proceedings
3.22: Evidence on judicial review
The Applicant applied for Judicial Review of an Alberta Labour Relations Board (the “Board”) Decision that dismissed the Applicant’s original complaint.
The Board prepared a certified Record of Proceedings in accordance with Rule 3.19 of the Alberta Rules of Court. The Applicant filed an Affidavit that was not previously before the Board and was not part of the Record of Proceedings. During oral argument, the Applicant advised the Court that the Affidavit contained new information from Employment Standards that she wished to bring to the Court’s attention.
The Court noted that the general rule is stated in Rule 3.22(a): Judicial Reviews are based on the certified Record of Proceedings. New evidence may only be admitted at the discretion of the Court and “in limited circumstances such as when evidence is necessary to establish a reasonable apprehension of bias, where the facts in support do not appear on the record or where there are deficiencies in the certified record.”
The Court found that the new evidence submitted by the Applicant did not meet any of these limited circumstances. The decision of another administrative body was not relevant to the Applicant’s Application for Judicial Review. As such, Johnston J declined to admit the new evidence.
The Application for Judicial Review was dismissed.View CanLII Details