In what circumstances will the Lord Chancellor and the Court of Appeal refuse to rule that a motion brought after the original hearing has been heard?

Ontario, Canada


The following excerpt is from Gray v. Richford, 1877 CanLII 6 (ON CA):

In Oakes v. Tarquand, L.R. 2 H.L. 325, 379, the Lord Chancellor said: “It is becoming very much the fashion to bring up points after the original hearing; I do not think it is right, or that it is a practice that we ought to encourage.”

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