Question juridique clé
Whether the new allegation of a whiplash-type cervical trauma could be considered on federal appeal.
Solution extraite
The allegation was a new fact and could not be examined for the first time before the Federal Court.
Motifs extraits
Under Art. 99(1) LTF, new facts and evidence are inadmissible unless caused by the lower-court decision; the insured had not raised this point below.