The defendant solicitor brought a motion for summary judgment dismissing a negligence action arising from his representation of a corporation in an injunction proceeding.
The plaintiff cross-moved to amend the statement of claim to add the corporation as a plaintiff after the limitation period had expired, arguing the omission was a misnomer.
The court held that the omission was a deliberate decision rather than a misnaming and therefore could not be corrected after the limitation period under the Limitations Act, 2002.
On the summary judgment motion, the court found no evidence that the plaintiff personally suffered damages and held that claims relating to corporate losses belonged to the corporation.
Summary judgment was granted and the action was dismissed.