I must also consider the comment of Lord Mansfield which was approved in Snell v. Farrell 1990 CanLII 70 (SCC), [1990] 2 S.C.R. 311 (S.C.C.) at para. 29: 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.
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