Is a plaintiff reasonably diligent in seeking to correct a misnomer in a case?
Alberta, Canada
The following excerpt is from Bell v. Chana, 2006 ABQB 139 (CanLII):
In a misnomer case, the plaintiff must be reasonably diligent in seeking to correct the misnomer because it is only fair that: “the defendant ... have timely notice of the claim, and will not be unduly prejudiced in preparing a defence to it”: Nagy v. Phillips at para 32.
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