The Governor and Company of the Bank of Scotland v. The "Nel"

In Maritime Liens, Mortgages & Priorities on (Updated )

This was a motion by the Plaintiff for leave to rely upon documents produced by it at cross examination and for leave to file a supplementary affidavit of claim. The Prothonotary held that documents produced at the cross examination did not form part of the evidence to be used at the upcoming priorities hearings unless cross-examining counsel wished to rely upon a document and then related or explanatory documents could be relied upon by the Plaintiff. The Prothonotary further held that the Plaintiff was barred by Rule 492 from filing a supplementary affidavit.