A bare denial of paragraphs alleging breach of statutory duty does not put the plaintiff on notice that the applicability of the regulation itself is in issue, and a new ground challenging applicability will not be permitted on appeal where it involves factual matters the plaintiff had no opportunity to address at trial. A party seeking to amend grounds of appeal on the morning of the hearing, having changed the basis for the amendment from that notified the day before, faces a real risk that the amendment will be refused on the basis of injustice to the other parties.
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