The plaintiff was injured in a 2013 motorcycle accident and commenced this action in 2015. Two defendants (the driver and owner of a transport truck) were named as John Does. The plaintiff also sued Intact pursuant to OPCF44 coverage. The plaintiff was examined for discovery in 2016 and set the matter down for trial in 2019. In 2022 the plaintiffs brought this motion to substitute the John Does with the names of the driver and owner of the transport truck. Justice Healey denied the plaintiff leave to bring the motion to amend due to the significant unexplained delay in bringing the motion and the prejudice to the proposed defendants.
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