How would a reasonable person take a misnomer?
Ontario, Canada
The following excerpt is from Essar Algoma Steel Inc. v. Liebherr (Canada) Company, 2011 ONSC 1688 (CanLII):
This has been explained: I think that the test must be: how would a reasonable person receiving the document take it? If, in all the circumstance of the case and looking at the document as a whole, he would say to himself: ‘Of course it must mean me, but they have got my name wrong,’ then there is a case of mere misnomer. If, on the other hand, he would say: 'I cannot tell from the document itself whether they mean me or not and I shall have to make inquiries,' then it seems to me that one is getting beyond the realm of misnomer. (Davies v. Elsby Bros., supra, at p. 4)
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