M. C. Trading of Canada Limited v. Par, 2007 ONCA 436

DATE: 20070614

DOCKET: C45598

COURT OF APPEAL FOR ONTARIO

DOHERTY, MACPHERSON and CRONK JJ.A.

BETWEEN:

M. C. TRADING OF CANADA LIMITED

(Plaintiff/Respondent)

and

MEDARDO PAR and ROSITA PAR

(Defendants/Appellants)

Michael Farace for the appellants

Gregory B. Castellano for the respondent

Heard: June 12, 2007

On appeal from the order of Justice John C. Murray of the Superior Court of Justice dated June 2, 2006.

APPEAL BOOK ENDORSEMENT

[1] The appellants, who were the defendants in the main action, appeal the judgment of the motion judge, Murray J., which permitted the respondents to amend the style of cause from M. C. Trading of Canada Inc. to Meneses‑Canso Bros. Trading Ltd.

[2] The appellants contend that the motion judge erred in concluding that the proposed amendment was appropriate because the action had been brought by an existing company which merely, by mistake, improperly described itself.

[3] We disagree. The motion judge’s decision is amply supported by the record. Importantly, the appellants were always aware of the true identity of the company with which they were dealing. This is clear from the many invoices the appellants received over the year from the company with the name the motion judge permitted to be added to the style of cause. On the motion judge’s interpretation of the relevant documents, the issue of rectification does not arise. This was a case of simple misnomer.

[4] The appeal is dismissed. Costs to the respondent fixed at $4500 inclusive of disbursements and GST.