![]() ![]() So the second lesson here is that this is a reason not to sit on your rights until the limitation is about to expire. It may also require some factual investigation, or research about corporate structures. This often means adding some peripheral players who might not prove to be responsible, but better to add them than not in most situations. The first lesson here is to work with your lawyer to identify all possible defendants and add them in the proceeding from the start. If you wish to add a party before the limitation expires, it is generally not a problem, because your other option is to start a separate action against them, and judges usually dislike multiple related proceedings – better to invite everyone to the same party. Section 21(1) of the Limitations Act, 2002provides that a party may not be added to a proceeding if a limitation period in respect to that party has expired. In Ontario, the general rule is two years from when the claim arises or is discovered. It might then lead to the time limit issue that applies if you sue the wrong party and want to add a new party, rather than correct a misnomer.Īs discussed in prior articles, in Ontario, as in most jurisdictions, there are time limits, or limitations, that say when you may launch a law suit. This may lead to an argument whether it was a misnomer, or whether you sued the wrong party. It sometimes gets trickier if the error is more substantial, or the claim is not served on the correct party. Similarly, if you believe that you were dealing with an individual named Jack Smith, and learn later that his legal name is John Smith. ![]() They are aware of the claim, so have no valid reason to object to the correction. You serve the claim on their head office. ![]() So, you intend to sue ABC Thunder Bay Buggywhip Limited, but accidentally name them as ABC Thunder Bay Buggywhips Inc. That is where you sue the right person, but get the name wrong. Substituting or correcting a name is usually simple in cases we call “misnomer”. Rule 5.04(2) says that, at any stage of a proceeding, the court may add, delete or substitute a party or correct the name of a party incorrectly named, on such terms as are just, unless prejudice would result that cannot be compensated for by costs or by an adjournment. In Ontario, the Rules of Civil Procedure provide a framework for this. This might seem obvious, yet we continually see reports of cases where Plaintiffs seek permission to add parties to a law suit, or at least, to change the name of existing Defendants. If you name them wrong, collecting on your judgment might be difficult, even impossible. If you sue the wrong party, you might not get a judgment. ![]()
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