What is the test for a new issue on appeal?
British Columbia, Canada
The following excerpt is from Ascent One Properties Ltd. v. Liao, 2020 BCCA 247 (CanLII):
Generally, a court of appeal should not entertain a new issue on appeal unless the evidentiary record is sufficient and the interests of justice support granting an exception to the general rule. As Duff J. observed in Lamb v. Kincaid (1907), 1907 CanLII 38 (SCC), 38 S.C.R. 516: A court of appeal, I think, should not give effect to such a point taken for the first time in appeal, unless it be clear that, had the question been raised at the proper time, no further light could have been thrown upon it.
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