What is the test for weighting evidence in a trial?

Ontario, Canada


The following excerpt is from Fisher v. Victoria Hospital, 2008 ONCA 759 (CanLII):

In Blatch v. Archer (1774), 1 Cowp. 63, 98 E.R. 969, Lord Mansfield stated at p. 970: It is certainly a maxim that all evidence is to be weighted according to the proof which it was in the power of one side to have produced, and in the power of the other to have contradicted: Snell, at p. 328.

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