PRACTICE |
Affidavits |
Toft v. Canada (Attorney General)
T-264-01
2001 FCT 808, Hargrave P.
18/7/01
5 pp.
Application for leave to include May 31, 2001 affidavit with four exhibits in applicant's record--January 8, 2001 decision of National Parole Board, Appeal Division subject of judicial review application--Four documents exhibited all post-dating Appeal Division's decision--Application dismissed--Judicial review is review of tribunal's decision based on evidence which tribunal had before it; admission of additional material not only irrelevant, but also would transform judicial review process into appeal process--Abdullahi v. Canada (Minister of Employment and Immigration) (1995), 91 F.T.R. 309 (F.C.T.D.) holding material post-dating decision under review irrelevant in judicial review application--Production of documents under r. 317 also relevant by analogy--Material which applicant now seeking to introduce containing nothing new and dealing with facts of which applicant already aware--Irrelevant as post-dating decision under judicial review--Federal Court Rules, 1998, SOR/98-106, r. 317.