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Athabasca Chipewan First Nation v. British Columbia Hydro and Power Authority
A-331-99
2001 FCA 20, Rothstein J.A.
16/2/01
3 pp.
Appellant Athabasca Chipewan First Nation seeking to refer on appeal to Northern River Basins Study, excerpts of which referred to in submissions to National Energy Board--Athabasca also arguing reference to Study being accessible at website constituting filing of Study with Board--B.C. Hydro objecting to Study being referred to on appeal as not filed with Board when Board's decision made--Although Board Rules permit electronic filing of document, reference to document accessible on website not proper filing--Therefore, Study not filed with Board--Although Study ordered included in appeal book by Motions Judge's order, general rule that Court of Appeal will consider only material before Board when decision made--Order to include material in appeal book does not, unless specific reference in order, elevate material to status of evidence that can be considered on appeal--Court of Appeal will not have regard to Study on appeal.