The plaintiff, Cristiana Ilicea, brought a motion to amend her statement of claim to correct the name of the Toronto Transit Commission (TTC) and to add Kai Bong Tong and Po-Chun Eleana Tong as defendants, replacing John Doe.
The TTC took no position.
Kai Bong Tong conceded that misnomer applied to him.
The central issue was whether the claim against Po-Chun Eleana Tong was statute-barred under the Limitations Act, 2002.
The court found that the plaintiff had overcome the presumption of discoverability under s. 5(2) of the Limitations Act and that there was a genuine issue for trial regarding the limitation period.
The motion was granted, allowing the amendments and granting leave to Po-Chun Eleana Tong to plead a limitation defence.
