BANK OF AMERICA NATIONAL TRUST AND SAVINGS ASSOCIATION v. CHRISMAS AND OTHERS (THE “KYRIAKI”)

[1993] 1 Lloyd's Rep. 137

QUEEN’S BENCH DIVISION(COMMERCIAL COURT)

Before Mr. Justice Hirst

Practice - Limitation of time - Jurisdiction -Amendment to writ - Writ amended to substitute new defendant for defendant named in writ - Whether amendment made in time - Whether Court had jurisdiction to make ex parte order extending time for effecting amendment - Whether plaintiffs had purported to begin proceedings by serving defective writ - Limitation Act, 1980, s. 35 - R.S.C., O. 2, r. 1, O. 15, rr. 6, 8. Insurance (Marine) - Notice of abandonment - Vessel a constructive total loss - Notice of abandonment given but rejected by insurers - Whether cause of action arose on date of casualty or date of NOA - Whether NOA an essential ingredient of cause of action - Marine Insurance Act, 1906 ss. 56, 57, 60, 61, 62.