What is the test for making a new argument on appeal?
British Columbia, Canada
The following excerpt is from Berg v. Harbour City Diesel and Offroad Ltd., 2012 BCSC 710 (CanLII):
As a general rule, new arguments are not considered on appeal unless the question is one of pure law and can be adequately addressed on the record created at trial: Phillips v. Keefe, 2012 BCCA 123 at para. 56.
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