What is the test for correcting a misnomer on a document?
British Columbia, Canada
The following excerpt is from MOBE Ltd. v Loudoun, 2017 BCSC 2668 (CanLII):
In Myer v. Saxton, 2008 BCSC 1685 at para. 19, the court set out a test for amending a mistake as being: The test for correction of a misnomer is this: “how would a reasonable person receiving the document take the document?” If, in all the circumstances of the case and looking at the document as a whole, he would say to himself, “of course it must be me, but they have got my name wrong,” then there is a case of mere misnomer.
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