The plaintiff brought a motion seeking leave to correct the name of the defendant "John Doe" to Nisim Saban and Joseph Algai under the misnomer doctrine, or alternatively, to amend the Statement of Claim to add Nisim Saban, Joseph Algai, Mariana Slomyanski, and Slomyanski Law as defendants after the presumptive limitation period on the basis of discoverability.
The court denied the misnomer argument, finding the original pleading lacked sufficient particularity to identify the proposed defendants.
However, the court granted leave to add all proposed defendants under the discoverability rule, concluding that the plaintiff had provided a reasonable explanation for the delay in discovery and that the proposed defendants failed to demonstrate non-compensable prejudice.
