What is the test for a finding that a judge failed to address himself to certain relevant evidence?

Newfoundland and Labrador, Canada


The following excerpt is from Cooper v. Cooper, 2001 NFCA 4 (CanLII):

In the comment of Wilson J. to which Green C.J.T.D. referred, Wilson J. referred to a statement by Estey J. in Harper v. The Queen, 1982 CanLII 11 (SCC), [1982] 1 S.C.R. 2 as setting out the principle to be applied where the question was whether the trial judge had failed to address himself to certain relevant evidence, to be as follows: ... The duty of the appellate tribunal does, however, include a review of the record below in order to determine whether the trial court has properly directed itself to all the evidence bearing on the relevant issues. Where the record, including the reasons for judgment, discloses a lack of appreciation of relevant evidence and more particularly the complete disregard of such evidence, then it falls upon the reviewing tribunal to intercede.

Other Questions


What is the impact of the trial judge's analysis of every piece of evidence at trial? (Newfoundland and Labrador, Canada)
When will a trial judge decline to hear evidence in a sexual assault case? (Newfoundland and Labrador, Canada)
What is the difference between a simple factual finding and the application of the legal standard for subjective belief to the evidence? (Newfoundland and Labrador, Canada)
Is a judge entitled to view the place of evidence? (Newfoundland and Labrador, Canada)
Is a trial judge required to explain the relevant law to the jury in the course of his charge? (Newfoundland and Labrador, Canada)
Does the mother have any grounds to challenge the findings of the trial judge? (Newfoundland and Labrador, Canada)
Does the Court of Appeal have any authority to interfere with a trial judge’s findings of fact based conclusions drawn from conflicting testimony of expert witnesses? (Newfoundland and Labrador, Canada)
In a sexual assault trial where there are two versions of the same events, what is the role of the trial judge in determining whether the accused has proven his case beyond a reasonable doubt? (Newfoundland and Labrador, Canada)
What is the necessity for parties to consider electronic evidence provisions alongside more established rules? (Newfoundland and Labrador, Canada)
When a plaintiff succeeds on one cause but fails on two other causes of action but loses out on the other two? (Newfoundland and Labrador, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.