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Nakihimba v 3J Holdings Corporation
canada, canadian, case law, court opinion, canlii, skca, 2026skca96, 2026 skca 96 (canlii), 2026, skca, 96, (canlii), cacv4702, 2026, administrative law, judicial review, standard of review and appellate intervention, vavilov, yatar, strickland, reviewing court will not reweigh and reassess the evidence, limits of reasonableness review and no hearing de novo, statutory appeal and judicial review both invoked, scope of discretionary refusal of relief addressed, appeal dismissed, procedure, court management, court, ordered filing deadlines, notice of constitutional question, whether judge erred in declining to consider late, filed documents, the constitutional questions act, 2012, no leave sought to add applications, unfairness in altering the litigation landscape on the hearing date, discretion not exercised arbitrarily, appeal dismissed, evidence, judicial review record, affidavit evidence, gjerde, chaboyer, whether new affidavits are admissible as an exception to the general prohibition, attempt to introduce evidence obtained after the administrative decision, no gap in the record, no elucidation of reasons, judicial review would expand into a hearing de novo, affidavits excluded, administrative law, remedies, discretion to decline judicial review, adequate alternative remedy, democracy watch, yatar, whether judge erred in declining to decide the application after a statutory appeal, concerns of judicial economy and comity noted, applicant seeking reassessment of evidence and different conclusions, discretion exercised on a recognised basis, appeal dismissed, procedure, open court principle, publication of reasons, canadian broadcasting corp. v manitoba, sierra club, sherman estate, whether decision should not be published due to personal medical information, no evidence supporting confidentiality, no public interest identified, open court principle as a public good prevails, request to decline publication dismissed, appeal dismissed
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