Is it inappropriate and unfair to the other party to introduce arguments and evidence which could have been raised at trial?
British Columbia, Canada
The following excerpt is from Berg v. Harbour City Diesel and Offroad Ltd., 2012 BCSC 710 (CanLII):
Such attempts to expand the scope of an appeal and introduce arguments and evidence which could have been raised at trial are inappropriate and unfair to the other party. In Singh v. Rekhi, 2011 BCSC 1368, a case which dealt with an appeal under the Small Claims Act, Savage J., at para. 22, said: ...a party is obliged to come to trial and present their best case. They cannot come back later and assert that they could have made a better case and therefore have the matter reheard, or for that matter, introduce new evidence on appeal.
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