Luo v. Yang

canada, canadian, case law, court opinion, canlii, onca, 2026onca630, 2026 onca 630 (canlii), 2026, onca, 630, (canlii), coa-24-cv-1299, 2026, contracts, separation agreement, performance and compliance, declarations sought regarding compliance with obligations, whether $535,200 transfer was a payment in satisfaction of clause iii, trial judge not persuaded transfer satisfied clause iii, no credit against money found owing under clause iii, appeal dismissed, obligations, unjust enrichment, appellate argument, did the trial judge err by not considering whether the respondent would be unjustly enriched if allowed to keep the money, appellant did not ask for a broader inquiry into complex financial history, trial judge answered the questions asked, appeal dismissed, procedure, appeals, new issues, whether appellant can raise unjust enrichment for the first time on appeal, kaiman v. graham applied, general rule against raising new issues on appeal, appellant failed to persuade court all necessary facts were before it, appeal dismissed, procedure, appeals, appellate fact, finding, whether the record permits determination of the new issue on appeal, burden on appellant to show facts are before the court as fully as if raised at trial, would require factual findings about reason for payment, not appellate court’s function, appeal dismissed