Ontario Superior Court of Justice Summarizes Principles of Misnomer and Discoverability

In Reimer v Toronto (City), 2020 ONSC 1661, the Ontario Superior Court of Justice provided a helpful summary of the analysis that is brought to bear on a motion for an order to correct a misnomer or, in the alternative, to add a proposed defendant after the apparent expiry of a limitation period through discoverability.

The court confirmed that a proper misnomer analysis involves careful scrutiny of the Statement of Claim and that a lack of particulars will weigh heavily against a finding of misnomer.

Where the plaintiff relies on discoverability, the court underscored the plaintiff’s evidentiary burden to provide a reasonable explanation on proper evidence as to why the claim could not have been discovered through the exercise of reasonable due diligence.

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