ONSC Clarifies Misnomer Rules In Abramov v. Doe Hit-and-run Case

In Abramov v. Doe, 2023 ONSC 1232 (Abramov), the Ontario Superior Court (the Court) released its decision on a misnomer motion brought by the plaintiff, who tried to substitute the "Jane/John" Doe defendant for two individuals related to a hit-and-run case. Abramov provides insightful comments on applying the doctrines of misnomer and discoverability, when dealing with parties who are unidentified at the outset of an action. Although the plaintiff's misnomer motion in Abramov was denied, the Court was not opposed to adding these defendants after the presumptive two-year limitation period, as discoverability remained a live issue.

Overview

The plaintiff in Abramov was involved in a motor vehicle collision. The colliding vehicle immediately left the scene, though a witness followed the fleeing vehicle and called 9-1-1, providing some information about the vehicle. The plaintiff contacted the police the next day, requesting the license plate number, which could not