Does the Court have jurisdiction to both hear this appeal and to consider the motion to adduce fresh evidence?
Ontario, Canada
The following excerpt is from Watt v. Howe, 2017 ONSC 5556 (CanLII):
First, there is no issue that we have the jurisdiction to both hear this appeal[4] and to consider the parties’ motion to adduce fresh evidence.[5] Further, it is agreed that Housen v. Nikolaisen[6] establishes that questions of law are to be reviewed for correctness, while questions of fact, as well as questions of mixed fact and law, may not be reversed absent palpable and overriding error.
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