Misnomer motion after the time limitation, the plaintiff slipped and fell in a pizzeria, was rush to the hospital and was there for two months. He came back to the pizzeria and found it closed , he wrote them a letter asking for compensation, he wrote the wrong name and address of the pizzeria, nobody replied, he started a complaint against them one day before the expiry date of the limitation period but again he put the wrong name and address of the pizzeria, he served the pizzeria with the claim one day before the six month period for serving and nobody replied. He later hired a lawyer, who ran a search and realized there were three pizzeria on the same street, only then the plaintiff realized he made a mistake in the name and address of the pizzeria. His lawyer want to file misnomer motion to correct the name. I am the lawyer of the pizzeria and would like to find the provisions in Ontario ( can be federal or provincial) and the case law that can support my thought the plaintiff does not have a chance to win. what are the legal provisions and cases on misnomer motion when the plaintiff did not do his due diligence to discover facts?