The respondent Ministers brought a motion to strike three affidavits filed by the applicants in a judicial review application concerning a Renewable Energy Approval for a wind turbine facility.
The court struck the expert affidavit of Wendy Shearer, applying the general rule that evidence not before the original decision-maker is inadmissible on judicial review.
The court declined to strike the two affidavits sworn by the applicants themselves, finding they were not tendered as expert evidence but rather set out the factual basis for their arguments.
The motion was granted in part.
