In Imperial Oil Limited v. Haseeb (Ont CA, 2023) the Court of Appeal considered the fresh law situation of the respondent to an appeal, rather than the normal situation of the appellant raising it:
[32] It is open to a respondent in an appeal to advance arguments to sustain the judgment below which were not raised by the appellant. However, a respondent may not raise entirely new arguments which were not raised below or which would require further evidence which was not led at first instance: R. v. Perka, 1984 CanLII 23 (SCC), [1984] 2 S.C.R. 232, at p. 240; Fanshawe College of Applied Arts and Technology v. Au Optronics Corporation, 2016 ONCA 131, 129 O.R. (3d) 391, at para. 9; The Guarantee Company of North America v. Royal Bank of Canada, 2019 ONCA 9, 144 O.R. (3d) 225, at para. 102.
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