Nedship Bank N. V. v. The "Zoodotis", 2000 CanLII 15471

In Maritime Liens, Mortgages & Priorities on (Updated )

The Plaintiff mortgagee was unable to produce the deponent of its affidavit of claim for cross-examination and brought this application for leave to substitute another witness for cross-examination. The Court stated that the general rule was affidavits will be struck out if the deponent is not produced for cross-examination and replacement affidavits will not be allowed in the absence of …

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