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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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My name was spelled wrong on a Notice of Civil Claim against

Customer Question

My name was spelled wrong on a Notice of Civil Claim against me in the BC Supreme Court. What do I do?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
When you put in your statement of defence you state that there was a spelling error and provide the correct spelling of your name. Or you simply tell the plaintiff that there was a mistake made in the spelling of your name. The plaintiff will have to amend the claim and you should consent to this because otherwise the plaintiff will bring a motion to the court, will succeed, and then you will be stuck paying the motion's costs.
Customer: replied 1 year ago.
What if I tell them nothing? For all intensive purposes, they are technically trying to sue someone who does not exist.
Expert:  Legal Ease replied 1 year ago.
You are not correct. It is not possible to win a lawsuit because of a typographical error and ultimately the plaintiff will get a judgement against you if you do not defend the action.
Customer: replied 1 year ago.
True, they could get a judgement against me however they would not be able to get any money out of me since my bank accounts are under my real legal name and not what is on the claim.Can they amend the claim even if we are past the 2 year statute of limitation?
Expert:  Legal Ease replied 1 year ago.
Yes they can. They will be able to rectify this situation. So, it is not prudent to count on a typo from saving you. You would be taking a very big chance.
Customer: replied 1 year ago.
They can't rectify it if they don't know about it.I have not been served anything by the way. The only way I found out about this was that I got a call from a random lawyer saying they were defending me in a motor vehicle accident claim. I remember what happened so I ran my name on CSO to see if it was true. It never came up with this claim against me. I searched the Plaintiff's name since I still had the ICBC paperwork and that is when I found out my name was misspelled.My apparent defence lawyer does not even have my correct address of residence for service as stated in their voicemail.This whole case seems weak to me.
Expert:  Legal Ease replied 1 year ago.
Whether their case is weak or not depends on the facts, but the fact that your name was misspelled in error is irrelevant. In fact, I can assure you that, at some point, this will be discovered to your detriment. Our legal system and our society do not allow people to become harmed because of a typographical error.
Customer: replied 1 year ago.
I read however on the BC Supreme Court's website that the misspelling of defendants names on claims is unacceptable and is unsubstantiated. They also make note of also not using initials for the same reason.
Expert:  Legal Ease replied 1 year ago.
I am a senior lawyer and while you am not my client I am doing best to try to help you so that you are not later harmed. There is no point in arguing with me as I am not the judge. It is my view that you will harm yourself if you do not consider this to be a valid claim and defend it properly. There is no point in us arguing because I cannot tell you anything more than I have already said.
Customer: replied 1 year ago.
"You are called the “claimant”. The person or company you are suing is called the “defendant”. Be careful to name the defendant properly. If it’s not done exactly right, you might not be able to get your money. Though Small Claims Court is less formal that Supreme Court, certain procedures must be followed closely for success. "That is right from the Canadian Bar Association. I am taking your advice into consideration. However, I want to know what the argument in court would be to favour this statement made by the CBA and help me win on this basis.
Expert:  Legal Ease replied 1 year ago.
This has nothing got to do with winning in court. If there is a judgement and the name is ***** ***** and the plaintiff then takes steps to enforce the judgement and cannot because of the typographical error the plaintiff will return to court to apply to amend the claim to correct the typographical error. If you went along with the claim with the improper spelling and it was later discovered that you did not reveal the typographical error it is very possible that you will be stuck with the plaintiff's legal costs that were spent to make the amendment.
Customer: replied 1 year ago.
Well theoretically I can't do anything (nor can they) until I've been served. So where do I go from here? Wait and see?
Customer: replied 1 year ago.
And it would seem that they would need to get my address and name right to serve me.
Expert:  Legal Ease replied 1 year ago.
When someone is served with a motor vehicle claim the first step is simply to contact the insurers and provide them with a copy of the claim. That is likely all you will need to do unless you did not have sufficient coverage at the time of the accident. Yes, you certainly don't have to do anything until you are served.
Customer: replied 1 year ago.
Ok well I have not been served with the claim yet so I cannot contact ICBC. Why would I supposedly have a defence lawyer if the Notice of Claim is to be presented to ICBC? And yes, I had sufficient insurance.
Expert:  Legal Ease replied 1 year ago.
The only thing I can figure out is that ICBC told the lawyer to contact you and that the lawyer is defending you for ICBC.
Customer: replied 1 year ago.
I would think that ICBC would then be named as a defendant which they aren't.
Customer: replied 1 year ago.
So should I make contact with my appointed counsel or just wait?
Expert:  Legal Ease replied 1 year ago.
You should contact the lawyer and see what the lawyer says. I think you are worrying too much about this and it is likely fine.

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