What is the basis to overturn a motion judge’s ruling that the valuation evidence tendered after cross-examinations is not admissible on the motion?

In addition, the responding parties submit there is no basis to overturn the motion judge’s ruling that the valuation evidence tendered by the appellant following cross-examinations was not admissible on the motion. Finally, they submit that the appellant will not succeed on any proposed fresh evidence application. The valuation evidence proposed to be submitted could and should have been tendered on the June 9, 2021 motion. Similarly, even assuming it could constitute fresh evidence, the decision in Di Trapani v. 9706151 Canada Ltd., 2019 ONSC 7311 was available well before June 9, 2021.