Can a review court assume that a trial judge considered certain issues in a written decision?
Ontario, Canada
The following excerpt is from Muise v. Mark Wilson’s Better Used Cars Limited, 2021 ONSC 151 (CanLII):
A reviewing court cannot assume that a trial judge did not consider certain issues simply because they are not referred to in the written decision: Papp v. Stokes, 2018 ONSC 1598 [Div. Ct.].
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