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Motion to substitute vehicle owner as defendant granted on basis of misnomer despite limitation expiry.
The plaintiff brought a motion to amend the statement of claim to substitute the wife of the defendant driver as a party defendant on the basis of misnomer, after discovering she was the registered owner of the vehicle involved in the accident.
The proposed defendant opposed the motion, arguing her vehicle was not involved and citing delay.
The court found the pleading clearly intended to sue the owner of the vehicle and that the factual dispute over which vehicle was involved could not be resolved on the motion.
The court granted the motion, finding no non-compensable prejudice to the proposed defendant.
