Appeal over land contamination tossed because issue ‘wasn't raised properly at trial’: counsel

By Amanda Jerome (July 26, 2022, 3:46 PM EDT) -- The Ontario Court of Appeal has dismissed an appeal from a business found “liable in nuisance and negligence” due to the “migration of chemical contaminants from its land,” ruling that the appeal advanced “a new theory of defence which the appellant neither pleaded below nor led evidence at trial to support.”...