Can the Court of Appeal grant leave to bring a new argument?
British Columbia, Canada
The following excerpt is from R. v Bruehl, 2018 BCSC 1019 (CanLII):
The reluctance against entertaining new issues is based on the unfairness to spring a new argument on a party in circumstances where that party could have led evidence at trial to address the new issue. After balancing the interests of justice as they affect the parties, the appellate court may grant leave to allow a new argument: Ulmer v. British Columbia Society for the Prevention of Cruelty to Animals, 2010 BCCA 519 at para. 27 [Ulmer].
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