C. Stewart

The plaintiff moved to correct a misnomer in his Statement of Claim by substituting 2090990 Ontario Inc. (Cezanne Homes) for the unnamed defendant 'XYZ Contracting Corporation'.

The plaintiff alleged that renovations at his neighbours' property caused structural damage to his own property.

The court found that the plaintiff intended to sue the contractor responsible for the renovations and that Cezanne Homes, upon reading the claim, would know it was the intended defendant.

The court allowed the substitution, finding no non-compensable prejudice to the proposed defendant.

The defendant insurer brought a motion for partial summary judgment seeking a declaration that it is entitled to deduct $46,915.85 in Income Replacement Benefits (IRBs) previously received by the plaintiff from any Long Term Disability (LTD) benefits that may become payable.

The plaintiff argued that the IRBs were largely for periods where no LTD benefits were payable and that her accident benefits insurer had already offset prospective LTD benefits when calculating her IRBs.

The court dismissed the motion, finding that the evidentiary record was deficient on both sides and that interpreting the LTD policy in light of the disputed factual matrix constituted a genuine issue requiring a trial.