AL-NAAMI v COLLEGE OF PHYSICIANS AND SURGEONS OF ALBERTA

The Applicant applied for Judicial Review of the decisions of the Complaints Director (the “Director”) of the Respondent, the College of Physicians and Surgeons of Alberta.

The Applicant sought to introduce an Affidavit to supplement the record of the Judicial Review. Justice Renke refused to admit the Affidavit based on two reasons. First, pursuant to Rule 3.22, the evidence in a Judicial Review is generally confined to the Record — Affidavits were admitted only in exceptional circumstances, none of which existed here. Second, in Applications that are a “final” proceeding, such as Judicial Review Applications, Rule 13.18 requires that an Affidavit be sworn based on personal knowledge and the Applicant’s Affidavit was sworn to matters on information and belief.