The plaintiff, Lisa Spry, brought a motion to add Dr. James Shin as a defendant in her medical malpractice claim, relying on the doctrine of misnomer or, alternatively, arguing the motion was brought before the expiry of the limitation period.
Dr. Shin opposed, contending it was not a misnomer and the claim was statute-barred.
The court granted the motion, finding it was a case of misnomer because the plaintiff intended to sue all negligent healthcare professionals and the error in not naming Dr. Shin initially was unintentional and understandable given the records.
The court also found no non-compensable prejudice to Dr. Shin.
Alternatively, the court determined the limitation period began when Dr. Mak's statement of defence revealed another physician took over care, making the motion timely.