ALLERGAN INC v ALBERTA (JUSTICE AND SOLICITOR GENERAL)

The Applicant pharmaceutical manufacturer applied for Judicial Review of a decision of the Respondent Minister of Health.

Contrary to Rule 3.22, which lays out the evidence a Court may consider when conducting a Judicial Review, the Applicant attempted to adduce evidence not previously submitted to Alberta Health during the original decision-making process. The Court confirmed that Judicial Review is not a Trial de novo and refused to permit evidence that was not before the administrative decision maker.