Date: 20001205
Docket: A-608-00
| C O R A M: STRAYER J.A. |
B E T W E E N:
SHELDON BLANK & GATEWAY INDUSTRIES LTD.
Appellant
-- and --
THE MINISTER OF THE ENVIRONMENT
Respondent
REASONS FOR ORDER
STRAYER J.A.
[1] The appellant applies by notice of motion for
| (1) an order determining the contents of the appeal book in accordance with its proposed list; |
| (2) an order that included in those contents should be new evidence, namely an affidavit sworn by Sheldon Blank on November 7, 2000. |
[2] The respondent does not object to the contents proposed by the appellant except for the affidavit referred to in (2) above. I am therefore ordering that the contents include the items listed in the appellant's motion record at pages 50-52 except for item 28, the affidavit referred to in (2) above.
[3] As for that affidavit, the appellant has failed to demonstrate clearly that any new information relevant to anything that this Court must decide has come to its attention since the last hearing before Gibson J. whose decision is under appeal. The appellant refers vaguely to "special circumstances" that justify the reception of new evidence but does not specify what these are. It has certainly failed to meet the normal tests for admission of new evidence: namely, that it could not have been ascertained before the decision appealed from, that it is credible and germane to some issues before the appellate court, and that its admission would be practically determinative of the case before that court. In fact much of the appellant's argument seems designed to demonstrate that such evidence might be relevant to its prosecution in provincial court.
[4] The proposed list will therefore be approved but without item 28.
(s) "B.L. Strayer"
J.A.