Does the concept of misnomer apply to substitution of a party to litigation?
British Columbia, Canada
The following excerpt is from Centura Building Systems Ltd. v. Cressey Whistler Project Corp., 2003 BCSC 1227 (CanLII):
Davies v. Elsby Bros. Ltd. was, however, also concerned with substitution of a party to litigation. The plaintiff provided no authority in which the concept of misnomer has been used to substitute the name of a party to a contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the law of agency apply when one party gives explicit or implicit authority to another party (the principal) to enter contracts with third parties? (British Columbia, Canada)
Can a waiver that relies upon a party's waiver apply to that party? (British Columbia, Canada)
Does a pre-existing duty rule apply when one party promises something that they already owe to the other party? (British Columbia, Canada)
Does a party apply for an interlocutory injunction without giving notice to the other party? (British Columbia, Canada)
Does litigation privilege apply to third party opinions? (British Columbia, Canada)
Does litigation privilege apply to communications between lawyers and third parties? (British Columbia, Canada)
Does a successful party have the right to claim special costs when the successful party is in a relationship with an opposing party? (British Columbia, Canada)
What is the effect of the intention or understanding of a party to a transaction where a party intended to transfer a vehicle to another party? (British Columbia, Canada)
Can a party recover in restitution where another party has been unjustly enriched at that party's expense? (British Columbia, Canada)
What is the scope of an agreement between the parties to settle the litigation prior to trial? (British Columbia, Canada)
