The plaintiff alleged injuries from a slip and fall on a sidewalk and commenced an action against the City of Toronto and the registered owner of the adjacent property, Maria Naccarato.
After the limitation period expired, the plaintiff learned Maria Naccarato had died years prior and her son, Joe Naccarato, was the executor and occupier of the property.
The plaintiff brought a motion to amend the statement of claim to substitute Joe Naccarato as a defendant.
The court granted the motion, finding the pleading constituted a misnomer, the intended defendant had timely notice, and there was no non-compensable prejudice.
