CITATION: Kermani v. Hung Fung Yuen Corporation 2016 ONSC 613
COURT FILE NO.: CV-12-462868
DATE: 20160125
ONTARIO
SUPERIOR COURT OF JUSTICE
BETWEEN:
MITRA KERMANI
Plaintiff
– and –
HUNG FUNG YUEN CORPORATION, THOMAS WONG
Defendants
Plaintiff appearing in person
Marcel Strigberger, for the Defendants
HEARD: December 18, 2015
ENDORSEMENT
HOOD j.
[1] This endorsement is further to my endorsement of December 18, 2015 and my costs endorsement of January 21, 2016.
[2] When the plaintiff commenced her claim her then counsel improperly named the defendant corporation. The correct name is Hung-Fung-Yuen Products Corp. This is clear from the affidavit material filed by both parties including the parcel register for the land in question. As part of the defendants’ motion to dismiss the claim they also sought leave to amend the title of proceedings to correct the defendant corporation’s name. This was not opposed by the plaintiff.
[3] At the conclusion of his argument counsel for the defendants indicated that the amendment would not be necessary if the claim was dismissed. Accordingly when I released my endorsement of December 18, 2015 I did not address the amendment, having dismissed the claim.
[4] The defendants have now advised that they still wish to obtain the amendment. I have also received an email from the plaintiff advising that she consents to the amendment to correct the name of the corporate defendant. Accordingly, pursuant to Rule 26.01 order to go granting leave to the defendants to amend the title of proceedings naming the corporate defendant as Hung-Fung-Yuen Products Corp.
HOOD J.
Released: January 25, 2016