Does the trial judge have to identify the employees who were at fault by name?

Ontario, Canada


The following excerpt is from Bruno v. Dacosta, 2020 ONCA 602 (CanLII):

The respondents acknowledge that the trial judge did not identify the employees who were at fault by name but argue that his failure to do so is not a reviewable error and it is not required by the legislation. The basis of this submission is that the staff at fault can be identified from the evidentiary record, and the trial judge, consistent with Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 72, “should be presumed to have based his conclusions on a review of the entirety of the evidence.”

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