No counsel mentioned.
¶ 1 DÉCARY J.A.:— The Appeal Book should be comprised of all the material that was before Madam Justice Heneghan, whether it was properly or not before her. The Federal Court of Appeal, at the hearing, will be in a position to disallow any reference to material, if any, that should not have been filed in the Federal Court.
¶ 2 This Order should not be interpreted as a recognition of the admissibility of the disputed material.
¶ 3 Counsel for the appellant should be aware that judicial review is to be conducted on the basis of the material that was before the tribunal making the decision.
¶ 4 No costs on this motion.