WOODLANDS (COUNTY) v WHITECOURT (TOWN)ABKB 388

RENKE J

3.22: Evidence on judicial review

Case Summary

An Arbitrator issued an Award respecting the intermunicipal collaboration framework between Woodlands County (“County”) and the Town of Whitecourt (“Town”) pursuant to the Municipal Government Act, RSA 2000, c M-26 (“Award”). The County sought a Judicial Review of the Award. The Town argued that two Affidavits referred to in the County’s submissions, which were filed in support of interim injunction Application, should be disregarded. The Affidavits were not filed in either the arbitration or the Judicial Review. The Court therefore found that the Affidavits did not meet the Rule 3.22 criteria and refused to consider them. In the result, the County’s Application was dismissed.

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