FOUGERE v ALBERTA (LABOUR RELATIONS BOARD), 2021 ABQB 716
3.19: Sending in certified record of proceedings
3.22: Evidence on judicial review
The Applicant applied for Judicial Review of a Decision by the Alberta Labour Relations Board (the “Board”). The original complaint was summarily dismissed by the Board.
The Board prepared a certified record of proceedings pursuant to Rule 3.19.
The Applicant swore and filed an Affidavit that was not part of the certified record and was considered new evidence. During oral argument, the Applicant sought to rely on an Exhibit appended to her Affidavit. The Applicant withdrew the remainder of her Affidavit.
The general rule is that Judicial Reviews are based on the certified record of proceeding, pursuant to Rule 3.22(a). The Court states, “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.”
In the circumstances, the Court decided that there were no factors that would justify the admission of the Exhibit into evidence and the Court declined to admit it into evidence.View CanLII Details