S. Ronan

The plaintiffs brought a motion to substitute or add three doctors as defendants in a medical malpractice action arising from a hypoxic brain injury suffered by the infant plaintiff following a VP shunt revision.

The plaintiffs sought to substitute Dr. Caird for 'Dr. James Doe' under the doctrine of misnomer, and alternatively to add him and two other doctors based on discoverability.

The court allowed the substitution of Dr. Caird, finding the litigation finger clearly pointed at him as the only resident on call during the relevant time.

The motion to add the other two doctors was dismissed as the evidence showed the plaintiff's mother did not call the hospital on the days they were working.

The plaintiff was struck by a vehicle while riding his bicycle and sued the driver and the municipality, alleging the intersection was dark due to burnt-out streetlights.

The municipality moved for summary judgment, arguing the plaintiff failed to provide notice of the claim within 10 days as required by s. 44(10) of the Municipal Act.

The court found the plaintiff had a reasonable excuse for the delay, as the municipality's potential liability was not discoverable until the police file was released months later.

However, the court concluded that whether the municipality was prejudiced by the delay remained a genuine issue requiring a trial.

The motion for summary judgment was dismissed.