Is sufficient notice sufficient for a claim to be successful?

Further, Macdonald, J. held that the test of whether there was sufficient notice was an objective one. This objective test, however, did not provide a party or a witness with a guarantee that during their examination the opposing counsel would or would not question them with respect to other evidence which contradicted or conflicted with their testimony. Therefore, Macdonald, J. concluded at pp. 184-185: In the result, it may well be necessary for each party to a civil action to protect his or her own interest including credibility by addressing during examination-in-chief issues which, in all the circumstances of the case, are reasonably foreseeable as arising. In my opinion, this is consistent with Blatch v. Archer (1774), I Cowp. 63, 98 E.R. 969 where Lord Mansfield stated at p.970 E.R.: It is certainly a maxim that all evidence is to be weighed 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.