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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