Monday, December 14, 2015

Limitation periods and misnomers

Stechyshyn v. Domljanovic, 2015 ONCA 889:

[1]          On a motion to correct the name of a defendant on the basis of misnomer, as long as the true defendant would know on reading the statement of claim he was the intended defendant, a plaintiff need not establish due diligence in identifying the true defendant within the limitation period: Kitcher v. Queensway General Hospital (1997), 44 O.R. (3d) 589 (C.A.), at paras 1 and 4; Lloyd v. Clark, 2008 ONCA 343, 44 M.P.L.R. (4th) 159, at para. 4.

Of the Law Societies of Upper Canada and Nunavut 

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