What is the test for a plaintiff to bring a motion to amend her name to make changes to her name?
Ontario, Canada
The following excerpt is from Middleton v. Lev 2 Inc., 2022 ONSC 1619 (CanLII):
In my view, the plaintiff’s proposed amendment does present a tenable claim and meets the low threshold established in cases such as Hunt v. Carey under rule 21.01(1)(b). While the defendant may ultimately prevail on this point at trial, it is not “plain and obvious” that the claim based on the proposed amendment is certain to fail.
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