How have the courts interpreted the words "within the power of one side to produce" in a civil case?
British Columbia, Canada
The following excerpt is from Allstate Insurance Co. of Canada v. Wong's Insurance Services Ltd., 1994 CanLII 783 (BC CA):
29 The crucial words of Lord Mansfield were "within the power of one side to produce". Furthermore, as I understand it, Mr. Justice Sopinka was making the point in Snell v. Farrell, supra, that it was the defendant who knew what had happened, not the plaintiff, who could not therefore Be expected to prove anything more than she did prove.
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