tag:blogger.com,1999:blog-7665355359899630254.post5049023920619945236..comments2023-12-20T07:29:21.752-05:00Comments on Administrative Law Matters: What is the Record for Judicial Review in Canada?Paul Dalyhttp://www.blogger.com/profile/13433629868698007121noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-7665355359899630254.post-42483529526450764162013-08-16T15:20:12.849-04:002013-08-16T15:20:12.849-04:00It is interesting to contrast this with cases wher...It is interesting to contrast this with cases where such an affidavit would be struck, e.g. from the HD Mining case: <br /><br />The unions argued that portions of the affidavit of the officer who made the impugned decision should be struck because they constituted an after-the-fact attempt to bolster his decision. Zinn J. noted that “there is no question that an attempt to bolster one or more of the bases for a decision by way of affidavit in a judicial review proceeding is impermissible, and ‘smacks of an after-the-fact attempt to bootstrap [a] decision’” (para. 83). He accordingly struck two paragraphs from the officer’s affidavit. <br /><br />http://bclabourlaw.tumblr.com/post/51432419085/temporary-foreign-workers-union-challenge-and-programAnonymousnoreply@blogger.com