What is the current state of the law in the context of an appeal?
Ontario, Canada
The following excerpt is from Gent v. IMH Pool III LP, 2017 ONSC 7230 (CanLII):
Moreover, the general rule is that appellate courts will not entertain entirely new issues on appeal. The rationale for the rule is that it is unfair to spring a new argument upon a party at the hearing of an appeal in circumstances in which evidence might have been led at first instance if it had been known that the matter would be an issue on appeal: Kaiman v. Graham, 2009 ONCA 77 (C.A.) (CanLII) at para 18.
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