The plaintiffs brought a motion to amend their statement of claim to correct the misnomer of several John Doe defendants, identifying them as specific treating physicians and a wound care provider (ParaMed).
The underlying action involved allegations of medical malpractice relating to the development and failure to treat the deceased's bedsores at various care facilities.
The proposed defendants opposed the motion, arguing it was an attempt to add parties after the expiry of the strict two-year limitation period under the Trustee Act.
The court granted the motion, finding that the pleadings were drafted with sufficient particularity such that the 'litigation finger' pointed squarely at the proposed defendants, and that a properly informed defendant would have recognized they were the target of the allegations.
The court also found no non-compensable prejudice to the proposed defendants.
