What is the test for a motion to amend or substitute the name of a defendant?

Ontario, Canada


The following excerpt is from Dealer’s Choice Preferred Collision Centre Inc. v. Kircher, 2020 ONSC 7557 (CanLII):

To summarize, where a plaintiff seeks to amend or substitute the name of a defendant on the basis that the defendant has been misnamed, the issue is whether the intended defendant was given notice of the claim and ought reasonably to have known that the plaintiff’s “litigating finger” was pointed at them (Sorokataya, para. 9). Where, as in this case, a plaintiff seeks to amend or substitute another entity for itself, the issue is whether the “new” plaintiff was an intended plaintiff when the action was commenced and the defendant reasonably ought to have been aware of which entity was pointing its litigating finger in its direction (North Shore v. Grant, para. 23). Issue on the motion

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