Motion to identify three defendants by their real names was granted

Ontario civil | Civil Procedure

Parties

Motion to identify three defendants by their real names was granted

Plaintiff alleged he was assaulted when he tried to verbally assist bouncer at defendant night club. Plaintiff named several Doe patrons and three Doe employees in statement of claim, and said he did not learn names of employees until examination for discovery of club’s owner. Plaintiff previously requested identity of employees from defendant, who refused, brought R. 3.10 motion but only learned names of two Doe patrons who had been criminally charged and obtained Crown brief, but it did not name employees. Motion by plaintiff to correct misnomer by amending statement of claim to identify three Doe employees by their real names. Motion granted. Statement of claim described position of Doe employees, who were clearly identified by owner in examination for discovery. There were only four employees working that night, and three Doe employees would have clearly recognized themselves in descriptions in statement of claim, as two were working on patio and one was club manager. There was no prejudice to addition of named defendants and this was proper motion to correct misnomer.
General v. 515679 Ontario Ltd. (Jan. 4, 2016, Ont. S.C.J., T. Maddalena J., Hamilton 11-29212) 262 A.C.W.S. (3d) 332.


Free newsletter

Our daily newsletter is FREE and keeps you up to date on all the developments in the Ontario legal community. Please complete the form below and click on subscribe for daily newsletters from Law Times.

Recent articles & video

Insurance lawyers reveal their referral philosophies

Court of Appeal rules auto insurer not liable for parental negligence claim stemming from accident

Refugee lawyers speak out on federal election campaign rhetoric

Employees of Aboriginal Legal Services join major union

Pro Bono Ontario to rename Ottawa help centre after David Scott

Chasm in opinions remains after statement of principles repeal

Most Read Articles

New equality measure approved by Law Society of Ontario as the statement of principles gets repealed

Judges call out lack of support for legal aid, pro bono amid MAG presence

Chasm in opinions remains after statement of principles repeal

Law students, paralegals can continue working on the same summary conviction matters