The plaintiffs brought a motion for leave to correct the name of the defendants in their statement of claim from various Sienna entities to Algoma Manor Nursing Home.
The plaintiffs alleged negligence resulting in the death of a resident at the nursing home.
The court found that the 'litigating finger' was clearly pointed at Algoma Manor Nursing Home in the original pleading, as it was specifically referenced and was the only nursing home in the town.
The court held this was a case of misnomer and that the proposed defendant would suffer no actual prejudice.
The motion to correct the misnomer was granted.
