The plaintiffs brought a motion for leave to amend their statement of claim to substitute the plaintiff's professional corporation for the plaintiff personally, after the expiry of the limitation period.
The action arose from a fire loss claim under an insurance policy.
The court found that naming the plaintiff personally rather than his professional corporation was a misnomer.
Applying the test for misnomer, the court granted the motion, noting that the defendants were aware of the proper plaintiff from the outset and suffered no non-compensable prejudice.
