The plaintiffs brought a motion to amend their statement of claim to correct the names of defendants 'John Doe 2' and 'XYZ Company' to Chanthan Mech and Vitou Huot on the grounds of misnomer, after the limitation period had expired.
The action arose from a fatal altercation at a restaurant during a social function.
The court applied the 'litigation finger' test for misnomer.
The court granted the motion to substitute 'John Doe 2' with Chanthan Mech, finding sufficient evidence that she was an organizer of the event and would have recognized she was the intended defendant.
The court dismissed the motion to substitute 'XYZ Company' with Vitou Huot, finding insufficient evidence that he was an organizer.
