Law360 Canada (January 9, 2023, 8:56 AM EST) -- Appeal by Pankiw from decision that permitted respondent Anglin to replace the “John Doe” defendant originally named in statement of claim (SOC), and in a noting in default, with Pankiw’s name. Anglin, who was a candidate in an election in 2015, alleged that certain people damaged his election signs during the campaign and conspired to undermine his chances to win. When he issued his SOC in April 2017, he did not know the names of those persons, so he included as defendants “John Doe” and “Richard Roe”. In February 2018, Anglin came to believe that Pankiw was one of those responsible for the alleged damage to his signs. On February 13, 2018, without amending the SOC, Anglin served Pankiw with the SOC. Pankiw argued that service before amendment of the SOC was ineffective. Anglin noted Pankiw in default. The Clerk of Court also noted Pankiw in default. Finally, Anglin brought an application to amend his SOC to name Pankiw as a defendant. He also applied to amend the noting in default to specifically name Pankiw as the defendant who had been noted in default. The chambers judge found that there had been effective service of the SOC. He also found that while there had been about three and a half years delay in amending the SOC, Pankiw had not suffered any prejudice. He accordingly granted Anglin’s application to amend....