The plaintiffs brought a motion for leave to amend their statement of claim to add CML Healthcare Inc. as a defendant on the basis of misnomer in a medical malpractice action involving a delayed diagnosis of a brain tumour.
The plaintiffs originally named Oxford Medical Imaging as the owner of the imaging facility, but later discovered CML owned it at the relevant time.
The court found that the 'litigation finger' was clearly pointing at CML and that there was no non-compensable prejudice.
The motion was granted, and the plaintiffs were awarded costs of $3,000.
