When a trial judge fails to mention a relevant factor in the trial, does that mean that the relevant factor has not been considered?
British Columbia, Canada
The following excerpt is from A. (J.) v. G. (P.L.), 2005 BCSC 1629 (CanLII):
A trial judge's failure to mention a relevant factor does not always mean that the factor has not been considered. As stated at para. 15 of Van de Perre v. Edwards: "... an omission is only a material error if it gives rise to the reasoned belief that the trial judge must have forgotten, ignored or misconceived the evidence in a way that affected his conclusion."
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