The plaintiff brought a motion to amend his Statement of Claim to substitute the names of a doctor and a nurse for 'Doctor Doe 1' and 'Nurse Doe 1' on the basis of misnomer, after the expiry of the limitation period.
The proposed defendant doctor opposed the motion, arguing it was an attempt to circumvent the limitation period.
The court applied the 'litigating finger' test and found that the proposed defendant's insurer, having received the Statement of Claim, would have known the plaintiff intended to sue the emergency room physician who treated him.
The court granted the motion, concluding it was a case of misnomer and no non-compensable prejudice would result.
