The plaintiff, 5004514 Ontario Inc. (formerly Ajax Sales & Service Inc.), brought a motion for leave to correct a misnomer in its Statement of Claim to add Kaizer Husseini Poonawalla as a separate defendant.
The original claim incorrectly listed Kaizer as an alias of Husseini Poonawalla.
The court applied the "litigating finger" test for misnomer, finding that an objective reading of the original claim would indicate Kaizer was an intended defendant.
The court also addressed the defendants' argument regarding the expiry of the limitation period, concluding that limitation period defenses do not apply to motions to correct a misnomer.
Even if misnomer did not apply, the court found a triable issue of fact or credibility regarding discoverability.
The motion was granted, allowing the plaintiff to amend its claim.
