Court Orders Correction of Misnomer in Highway 401 Crash Case

Taylor Mergui Law Group is proud to announce that lawyer Ramendeep Minhas has successfully secured a motion victory before the Superior Court of Justice.

In this case, our client brought a claim arising from a serious multi-vehicle collision on Highway 401 in Mississauga in January 2016. At the time of filing the claim, one of the drivers involved in the chain-reaction crash was unidentified and therefore named as “John Doe,” with the unknown vehicle owner listed as “Jane Doe.”

Years later, “John Doe” and “Jane Doe” were successfully identified. The defence insurer opposed correcting the names, arguing the loss of certain vehicle records created unfair prejudice.

Mr. Minhas successfully argued that the Rules of Civil Procedure allow for the correction of a misnomer where the intended defendant could reasonably have understood that they were the party being referred to in the claim. The Court found that the statement of claim described the unidentified driver with sufficient clarity—specifying the date, location, traffic direction, and the role of the vehicle in the collision—to put the defendant on notice. The judge also agreed that the alleged prejudice was speculative and that the available police records would still assist in determining the facts of the accident.

As a result, the Court ordered that the defendants’ names be formally corrected, extending the time for service of the amended claim by 60 days.

This decision is a testament to Mr. Minhas’ strategic advocacy and deep understanding of procedural law. By ensuring that the proper parties are named, he has positioned our client to pursue their claim on the merits, reaffirming Taylor Mergui Law Group’s commitment to relentless, detail-oriented representation for accident victims.