Evidence, not submissions, is required for a determination by a Court

Salem v. Kourany, 2012 ONCA 102 deals, in passing, with the situation where parties do not put evidence before the Court but merely tell the Court information.  Such cannot form the basis of a determination on the merits:

 

[5]          We cannot act on untested material placed before us by one party to the appeal at the outset of the oral argument.  Nor can we accept as accurate the oral representations made by one party to the appeal in the course of the submissions.  There is no basis on the material put before us to vary the order based on events that may have occurred since June 2010.  We have no knowledge of those events and this is not the forum in which to go into them.