The plaintiffs brought motions to correct errors regarding the identity of defendants and legal representation in a negligence action arising from a residential oil tank installation that allegedly caused a leak.
Due to mistaken assumptions about a business name, the statement of claim was served on a different individual who then retained counsel and filed a defence in the name of another defendant.
The court considered whether to strike the defence, add the correct party, and extend the time for service beyond the ordinary six‑month period.
Applying the principles governing extensions of time and misnomer, the court held that relief should be granted because the plaintiffs intended to sue the installer from the outset and no real prejudice to the affected defendant was demonstrated.
The defence filed without authority was withdrawn, the time for service was extended, and the additional defendant was added.
