Can a plaintiff use the wrong name in a settlement agreement?
British Columbia, Canada
The following excerpt is from 5240 Investments Ltd. v. Great Eagle Resources Ltd., 2013 BCSC 35 (CanLII):
Accordingly, while the plaintiff did mistakenly use the wrong name in the settlement agreement, I find that in the circumstances here, the defendants have failed to establish the first of the three requirements in Cundy v. Lindsay: that they contracted with Centura 2, believing it to be Centura 1. Rather, I find that they intended to and did contract with the plaintiff in this action, who was Centura 1, and is now Centura 1997.
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