Can we reverse the decision of the Ontario Court of Appeal on the basis of facts not incorporated in the record at the time of the decision?
MultiRegion, United States of America
The following excerpt is from U.S. v. Bank of California, 652 F.2d 780 (9th Cir. 1980):
would hardly be appropriate in view of the fact that our action on appeal can properly be based only upon a record considered by the trial court. It would be inappropriate for us to reverse the trial court on the basis of facts not incorporated in the record which the trial court considered at the time of its decision.
Creamette Company v. Merlino, 289 F.2d 569, 570 (9th Cir. 1961). 3
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