In Lu v. Wang (Ont CA, 2025) the Ontario Court of Appeal considered 'fresh law' doctrine:
[3] The test for this court to entertain new issues on appeal is stringent. As this court instructed in R. v. Reid, 2016 ONCA 524, 132 O.R. (3d) 26, at para. 43, the evidentiary record must be sufficient to permit an appellate court to fully, effectively, and fairly determine the new issues raised on appeal. Moreover the failure to raise the issues at trial must not be due to tactical reasons. And the court must be satisfied that no miscarriage of justice will result from the refusal to entertain the new issues on appeal.
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