“A failure to consider relevant evidence can amount to a palpable and overriding error if the evidence was potentially significant to a material finding of fact: Waxman v. Waxman (2004), 2004 CanLII 39040 (ON CA), 186 O.A.C. 201, at para. 343, leave to appeal refused, [2004] S.C.C.A. No. 291.
Raymond argues that the motion judge failed to consider relevant evidence. He relies on the fact that the endorsement contains no reference to the police report that records suspicious circumstances, or to Raymond’s removal as a director of 92780. Raymond submits that this evidence was material to the motion judge’s determination of the issues of undue influence and suspicious circumstances.
I see no merit to the argument that the motion judge failed to consider relevant evidence. A judge is not required, in his or her reasons, to mention every single piece of evidence: R. v. C.(T.) (2005), 2005 CanLII 371 (ON CA), 74 O.R. (3d) 100 (C.A.), at para. 45.