The plaintiff, Glenn Bowles, moved to amend his Statement of Claim to add Katena Products Inc. and Abbott Medical Optics Canada Inc. (AMO) as defendants, arguing discoverability and misnomer, after the presumptive limitation period had expired.
AMO opposed, asserting the claim was statute-barred due to lack of due diligence in identifying them.
The court found that the plaintiff and his counsel exercised due diligence, as the identity of the manufacturers was not discoverable until Dr. Hillson's counsel disclosed it on June 26, 2015.
The court granted the motion to add both Katena and AMO as defendants, finding the doctrine of discoverability applied and the misnomer doctrine did not.
