What is the law on the principle that all evidence is to be weighed according to the power of one side's evidence?
British Columbia, Canada
The following excerpt is from Brown v. Raffan, 2013 BCSC 114 (CanLII):
In that respect, the following principle as stated by Lord Mansfield in Blatch v. Archer (1774), 1 Cowp. 63, 98 E.R. 969 at p. 970 is apt: 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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