The plaintiff brought a motion to amend her Statement of Claim to substitute Saint Elizabeth Health Care for the originally named defendant, Toronto Community Care Access Centre, after the expiry of the limitation period.
The plaintiff relied on the doctrine of misnomer, arguing that the proposed defendant was always the intended target and had received notice letters within the limitation period.
The court granted the motion, finding that the proposed defendant would have known it was the intended target upon reading the claim, and that there was no actual prejudice to justify refusing the amendment.
