What is the test for a finding of misnomer in a motion to amend a statement of claim?

In order to support a finding of misnomer, the moving party must establish that it intended to sue the proposed defendant and that the proposed defendant, upon reading the statement of claim, would know that it was the intended defendant. Where there is a coincidence between the plaintiff's intention to name a party and the intended party's knowledge that it was the intended defendant, an amendment may be made despite the passage of the limitation period to correct the misdescription or misnomer (see Lloyd v. Clark, 2008 ONCA 343 at para. 3 and 4).