Barker v Federation of Newfoundland Indians Inc.

canada, canadian, case law, court opinion, canlii, nlca, 2026nlca18, 2026 nlca 18 (canlii), 2026, nlca, 18, (canlii), 202401h0033; 202401h0065, 2026, procedure, appellate record, factums, motion to strike, whether respondent’s factum raises new claims or issues beyond the appeal and cross, appeal, arguments not raised in evidence and argument at trial and issues not arising from the appeal struck, portions replying to issues on appeal allowed to stand, application granted in part, procedure, civil appeals, new issues on appeal, whether appellate court may consider a new issue of law where all evidence is in the record and refusal risks injustice, performance industries ltd. v. sylvan lake golf & tennis club ltd. and guindon v. canada criteria applied, exceptional approach to constitutional issues and notice to attorneys general, new issues refused, procedure, cross, appeals, respondent submissions, court of appeal civil rules, 2025, rule 11(3), whether failure to file a notice of cross, appeal permits submissions beyond issues engaged, humby v. newfoundland and labrador housing corporation and king v. cleary limits on “appeal by ambush” applied, paragraphs beyond scope struck, costs ordered, procedure, extension of time, late cross, appeal, whether leave should be granted based on bona fide intention, reasonable excuse, potential merits, and exceptional or special circumstances, humby factors applied, proposed cross, appeal found to have no chance of success and fairness weighed against extension, leave refused, procedure, case management, appeal scheduling, whether spent arguments and relief not arising from the appeal should be removed from the respondent’s factum, paragraphs addressing leave to cross, appeal treated as spent on the appeal, directions given for supplemental factums and request for a date to continue the appeal, hearing date vacated