R. Rullo

The plaintiffs brought a motion to substitute HCN-Revera Leasee (Alta Vista LP) as a defendant and amend their statement of claim in an action arising from alleged negligence and elder abuse at a retirement home.

The defendants opposed, arguing the amendment sought to add a new party after the expiry of the two-year limitation period.

The court found that while the limitation period had expired, the amendment was a genuine correction of a misnomer, as the 'litigation finger' clearly pointed at the proposed defendant.

Finding no non-compensable prejudice, the court granted the motion to correct the misnomer and awarded costs to the plaintiffs.

The plaintiffs brought a motion for leave to correct the name of the defendants in their statement of claim from various Sienna entities to Algoma Manor Nursing Home.

The plaintiffs alleged negligence resulting in the death of a resident at the nursing home.

The court found that the 'litigating finger' was clearly pointed at Algoma Manor Nursing Home in the original pleading, as it was specifically referenced and was the only nursing home in the town.

The court held this was a case of misnomer and that the proposed defendant would suffer no actual prejudice.

The motion to correct the misnomer was granted.

The plaintiff condominium corporation appealed an Associate Justice's order striking several paragraphs from its Fresh as Amended Statement of Claim.

The underlying action alleged that the defendants conspired to cause the plaintiff to release easements over adjacent land for little or no value.

The Associate Justice struck paragraphs referring to the financial position of non-parties as irrelevant and scandalous, and struck other paragraphs for pleading evidence rather than material facts.

The Superior Court of Justice dismissed the appeal, finding no error in principle in the Associate Justice's exercise of discretion.