Is a trial judge bound to comment upon all the evidence at trial to support an expert testimony?

British Columbia, Canada


The following excerpt is from Brundson v. Shaw, 1992 CanLII 5979 (BC CA):

The trial judge is not bound to comment upon all the evidence in the sense of reviewing what the witnesses have sworn to or to point out to the jury anything which may strike him or her as throwing light on the credibility of the story. The omission by a trial judge to comment on a particular portion of the evidence (particularly on a matter which is not seen to be of any importance to appellant's own expert witnesses) does not ordinarily amount to misdirection: see Spencer v. Alaska Packers Assn. (1904), 1904 CanLII 23 (SCC), 35 S.C.R. 362, per Nesbitt J. at p. 371; and Killam J. at p. 375.

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