The appellant appealed a Small Claims Court decision dismissing her claim for negligent issuance of a building permit as statute-barred.
The appellant sought to introduce fresh evidence on appeal, arguing she did not discover the claim until receiving freedom of information documents.
The Divisional Court denied the motion to introduce fresh evidence, finding it did not meet the requisite test.
The court upheld the trial judge's finding that the claim was issued beyond the two-year limitation period and rejected arguments of procedural unfairness.
