The plaintiff, Sayed Hoq, brought a motion to correct the names of "John Doe" and "Jane Doe" defendants to Lakhwant Singh and CWH Distribution Services Inc. o/a CW Henderson Distribution, respectively, in a multi-vehicle automobile accident claim.
The motion was brought under Rule 5.04(2) of the Rules of Civil Procedure, which allows for correction of incorrectly named parties if there is no non-compensable prejudice.
The court applied the "litigation finger" test, finding the original pleading sufficiently particular for the proposed defendants to know they were the intended targets.
Despite a six-year delay, the court found no non-compensable prejudice, dismissing arguments regarding lost records as speculative and not prejudicial to the defendants.
The motion to correct names was granted.
