UNITED FOOD & COMMERCIAL WORKERS CANADA UNION, LOCAL 401 v NORTH COUNTRY CATERING LTD, 2012 ABQB 306
3.22: Evidence on judicial review
The Applicant requested that the Court quash a decision of the Alberta Labour Relations Board (“Board”). The Respondent included in its authorities materials relating to the procedural history that occurred after the Board rendered its decision. The Court cited Alberta Liquor Store Assn v Alberta (Gaming and Liquor Commission), 2006 ABQB 904, for the following propositions:
(a) the general rule is that Judicial Reviews are conducted based on the return filed by the Tribunal;
(b) additional Affidavits and evidence are admitted in exceptional circumstances;
(c) evidence not before the Tribunal, relating to the merits of the decision, is not permitted on Judicial Review; and,
(d) a Tribunal’s decision cannot be rendered unreasonable by referring to matters that were never put before it.
The Respondent did not apply via Rule 3.22 to have the new evidence admitted. Accordingly, the Court declined to consider the material that was not available to the Board at the time of its decision.View CanLII Details