What is the effect of residual residual effects of a misnomer amendment to a medical malpractice case?
Ontario, Canada
The following excerpt is from Freedom International Brokerage Co. v. Tullett Prebon Canada Limited, 2012 ONSC 5544 (CanLII):
A factor in the exercise of this residual discretion can be delay: If the case is truly one of a misnomer, delay is a factor in the exercise of the motion judge’s discretion whether to allow an amendment for misnomer. (Urie v. Peterborough Regional Health Centre, supra, at para. 103)
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