The plaintiff brought a motion seeking leave to amend her statement of claim to change the defendant's name from "Sheraton Hotels and Resorts" to "Four Points by Sheraton Toronto Airport" and to change the location of the alleged slip and fall.
The court dismissed the motion, finding that it was not a case of misnomer but an attempt to add a new party after the limitation period had expired.
The court found no evidence to support the plaintiff's claim of misnomer or that the proposed defendant had timely notice of the incident, and noted significant prejudice to the proposed defendant.
