What is the test for a jury to decide whether or not to accept or reject an opposing party's evidence?
British Columbia, Canada
The following excerpt is from Isert v. Santos, 1999 BCCA 42 (CanLII):
In my opinion, Lord Mansfield's dictum in Blatch v. Archer (1774), 98 E.R. 969 at 970, "that all evidence is to be weighed according to the proof of which it was in the power of one side to have produced, and in the power of the other to have contradicted" applies here.
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