Don't Know Who To Sue? The Case Of Loney v John Doe

If you are hurt but don't know who caused your injuries, are you out of luck if you want to commence a lawsuit? Not necessarily but there are a number of legal issues that arise in these situations which the Ontario Court of Appeal recently explained in its recent Loney v John Doe decision.

In Loney, the plaintiff was involved in a motor vehicle accident and did not know the identity of the driver of the other vehicle and named John Doe as a defendant. John and Jane Doe aren't particularly negligent people. They are names used as placeholders when the identity of a defendant is unknown when a lawsuit starts. If, during the course of a lawsuit the identity of a defendant is discovered, then the placeholder John or Jane Doe can be changed to the actual name of the defendant, provided that the "litigating finger" test is met and the amendment does not result in non-compensable prejudice which includes the inability to conduct a timely investigation into the accident.