What is the effect of having to be argued in the Court of Appeal on an animal welfare case?
British Columbia, Canada
The following excerpt is from Kakavelakis v. Boutsakis, 2017 BCCA 396 (CanLII):
It is also well-established that an appellate court will be cautious in allowing arguments to be advanced if they were not addressed before the trial court. This is primarily because it would be unfair to spring a new argument on appeal on a party if evidence might have been led on the point at trial: Ulmer v. British Columbia Society for the Prevention of Cruelty to Animals, 2010 BCCA 519; leave to appeal ref’d [2011] S.C.C.A. No. 33, para. 27.
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