Is there any case law where a limitation period under the guise of a misnomer is overruled?
Ontario, Canada
The following excerpt is from Macksoud et al v. Carroll et al, 2011 ONSC 7351 (CanLII):
In the same vein, O’Connell J., in Urie v. Peterborough Regional Health Centre, 2010 CarswellOnt 6997 (S.C.J.) made the following comment, at para. 103: Clearly the concern on a policy basis of the overriding of a limitation period under the guise of a misnomer is a substantial one, unless of course the misnomer is clear and the delay in discovering it is explainable. Absent misnomer, and where a limitation period has expired, amendment cannot occur.
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