The plaintiff brought a motion to amend the name of defendant YM Inc. (Sales) o/a Sirens to La Maison Simons Inc. based on misnomer.
The motion was dismissed because the plaintiff had previously discontinued her action against Sirens on October 15, 2024, making the remedy of misnomer unavailable.
The court also found that the plaintiff did not seek to add Simons as a distinct party in the notice of motion.
Additionally, the court determined that even if adding Simons as a separate party were considered, the plaintiff failed to meet the burden of proving that the limitation period should run from any date other than the date of injury (November 3, 2019), which would be outside the applicable limitation period.
Costs were awarded to the proposed defendant.
