The Applicants sought leave to appeal a decision of the municipal subdivision and development Appeal Board of Wood Buffalo. A preliminary issue was whether the Applicants had properly filed an Affidavit summarizing what they believed to be the relevant evidence for their Appeal.

The Court noted that, although Rule 14.40(1)(b) allowed the Applicants to file a supporting Affidavit, it should not contain evidence that was not before the Appeal Board, subject to certain limited exceptions not applicable in this case. The Court accordingly did not take into consideration evidence from the Applicants’ Affidavit that was not clearly derived from the existing record. The Application for leave to appeal was ultimately dismissed.