[2] The applicant brought a motion to admit as new evidence two letters dated 1993, relating to the applicant’s termination grievance. The respondent opposed the motion. Generally, evidence on a judicial review application is limited to what was before the decision-maker, as the reviewing Court’s role is to consider the decision-maker’s decision, and not decide the issue afresh: Association of Universities and Colleges of Canada v. Canadian Copyright Licensing Agency (Access Copyright), 2012 FCA 22 at para. 19 [Access Copyright].
[3] We will dismiss the motion. The letters were not before the Board and do not fall into any of the recognized exceptions for admitting evidence not before the decision-maker: Access Copyright at para. 20. We add that if admitted, they would not have affected the outcome of this application.
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