In what circumstances will the court grant an amendment to the name of a person to be changed from son to son?
Ontario, Canada
The following excerpt is from Streamline Foods Ltd. v. Jantz Canada Corporation, 2011 ONSC 1630 (CanLII):
In Ladouceur v. Howarth, 1973 CanLII 30 (SCC), [1974] S.C.R. 1111, the plaintiff sought an amendment to change the name of the plaintiff from the son to the father. Spence J. found that this was a case of misnaming a person and was a typical example of a misnomer. In concluding that the amendment should be granted, he cited at para. 12 the following principle; “The general principle underlying all the cases is that the court should amend, where the opposite party has not been misled, or substantially injured by the error”.
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