R. Naimark

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.

A case management conference was held for a personal injury action arising from a 2015 motor vehicle accident.

The plaintiff's previous lawyer had passed away, and the plaintiff had declared bankruptcy in 2019.

The parties required assistance scheduling the remaining steps in the litigation.

The court established a consent timetable for updated records, further discovery, independent medical examinations, mediation, and setting the action down for trial, and directed the Registrar not to administratively dismiss the action before July 31, 2022.