What is the test for misnomer to substitute the name of a party to another party?
Ontario, Canada
The following excerpt is from Glen Robert Wilkinson v. Sonny James Braithwaite, Sandy Sidorovski John Doe (1), John Doe (2) and Allstate Insurance Company of Canada, 2011 ONSC 2356 (CanLII):
[21] As noted in paragraph 20 in Jackman v. John Doe:[2] The doctrine of misnomer to substitute the name of one party to another requires the court to find “a coincidence between the plaintiff’s intention to name a party and the intended party’s knowledge that it was the intended defendant”.
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