Review - Fresh Law - Adequate Evidence Record Required
. Paracha v. Naqi Construction Ltd.
In Paracha v. Naqi Construction Ltd. (Ont CA, 2024) the Ontario Court of Appeal dismissed an appeal, here holding that a fresh law motion should not be granted if the evidentiary record is inadequate:
[23] ... the appellants’ argument is a new issue that was not raised at trial and, as mentioned above, the appellants have not filed the complete record of transcripts from the trial.[2] It is incumbent on the party seeking to raise a new argument before this court to persuade us that “the facts necessary to address the point are before the court as fully as if the issue had been raised at trial” (internal quotations omitted): Svia Homes Limited v. Northbridge General Insurance Corporation, 2020 ONCA 684, 7 C.C.L.I. (6th) 1, at para. 25. The appellants have put before this court only a subset of the transcripts of the evidence. Portions of the evidence related to the CedarOaks transaction including the Parachas’ evidence is missing. The absence of this material without any explanation is fatal to this new ground of appeal and we decline to consider it.
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