Is there any new arguments that have been brought before the Court of Appeal on an appeal?

Prince Edward Island, Canada


The following excerpt is from Vail v. Prince Edward Island (Workers’ Compensation Board), 2009 PECA 17 (CanLII):

Furthermore and more importantly, as this argument was not addressed before the motions judge, it cannot now be entertained by this court unless the appellants can make out a case that these new arguments are of such importance they should now be raised on appeal. Given the lack of merit in these new arguments, they lack importance and accordingly, the appellants have not made out a case to have these new arguments considered on this appeal. See: Wood v. Bonnell (1993), 105 Nfld. & P.E.I.R. 243 (P.E.I.C.A.) at paras. 14 to 17.

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