What is the test for a misnomer in a Statement of Claim?
Ontario, Canada
The following excerpt is from Freedom International Brokerage Co. v. Tullett Prebon Canada Limited, 2012 ONSC 5544 (CanLII):
In considering the second part of the test, the Statement of Claim has to be reviewed. It is clear that such an assessment “…is required to analyze whether the case falls within the misnomer category. This assessment will define whether a litigating finger is in play or if the claim aims itself at a moving target” (see: Urie v. Peterborough Regional Health Centre, supra, at para. 107).
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