The Appellant had flooding on her property as a result of a blockage of a concrete swale which was connected to a drainage pipe that ran through her property. She sought a mandatory permanent Injunction and an Order that the town of Irricana remove the drainage pipe. The Application was dismissed, which led to the Appeal.

The Appellant sought to adduce new evidence pursuant to Rule 14.45(1), which included documents, emails, photos, and a further affidavit. After setting out the test for admission of fresh evidence from Palmer v The Queen, [1980] 1 SCR 759, the Court considered each piece of proposed new evidence. Ultimately, the Court declined to admit the fresh evidence for a variety of reasons, including that that it was irrelevant, would not bear on a decisive issue in the Application, and that it could have been previously adduced. The Appeal was dismissed.