Question juridique clé
Admissibility of new evidence and new factual submissions in the federal appeal
Solution extraite
The documents and the solvency argument based on them were inadmissible because the appellant had already been invited below to produce solvency evidence; the lower court's decision did not itself make the evidence newly relevant.
Motifs extraits
Under Art. 99(1) LTF, new facts and evidence are admissible only if the contested decision first made them relevant. That condition was not met here.