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.
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