Is a decision-maker required to refer to all of the evidence before making a decision?
Canada (Federal), Canada
The following excerpt is from H. B. v Minister of Employment and Social Development, 2017 CanLII 81157 (SST):
It is well-established in the jurisprudence that a decision-maker is not required to refer to all of the evidence before it, as the decision-maker is presumed to have been considered all of the evidence: Simpson v. Canada (Attorney General), 2012 FCA 82. This presumption can be rebutted if an applicant can establish that the evidence was of such probative value that the decision-maker ought to have considered it.
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