When the person who owes you money is an individual, naming the defendant correctly is usually straightforward. When it's a business, it's easy to get wrong in a way that only becomes a problem much later — sometimes not until you're trying to collect on a judgment and discover it was entered against a name that doesn't actually own anything.
Why getting the name right matters
A Plaintiff's Claim needs to name the actual legal entity responsible for the debt or the harm, not simply the storefront sign, the name on an invoice, or the brand used on social media. A judgment is only as useful as the entity it's issued against. If you sue "Fresh Start Renovations" and that turns out to be a trade name used by a numbered corporation — say, 2456789 Ontario Inc. — a judgment against the trade name alone can be difficult or even impossible to enforce, because the trade name itself typically doesn't hold a bank account, own equipment, or have a bailiff able to seize anything from it directly. See who can you sue for the broader picture of naming defendants correctly.
Sole proprietorship, partnership, or corporation?
Businesses in Ontario generally take one of three legal forms, and each is sued a little differently. A sole proprietorship is simply an individual operating under a business name — legally, there's no separation between the owner and the business, so the claim should name the real person, followed by "operating as" the business name (for example, "Jane Smith, operating as Smith's Landscaping"). A partnership is similar but involves more than one owner, and depending on the situation it may be appropriate to name the partners individually, the partnership itself, or both. A corporation is a separate legal entity from the people who own or run it — you generally sue the corporation by its full legal name, not the individual owner or director personally, unless there's a specific legal reason to pursue that person individually as well. Mixing these up is one of the most common — and most avoidable — mistakes people make when starting a claim against a business.
Finding a corporation's legal name and registered address
Before you file, it's worth spending a few minutes confirming exactly who you're dealing with. A search of the Ontario Business Registry (or, for federally incorporated companies, Corporations Canada) will usually show whether a business name is a registered trade name and, if so, which corporation or individual actually owns it, along with the corporation's registered or head office address. Other useful sources include the fine print on invoices, receipts, or contracts, which sometimes lists the full legal name in small text; the "about" or "legal" section of a company website; and the name printed on any cheques the business has issued you. If none of that turns up a clear answer, a paid corporate profile report from the registry is inexpensive and gives a definitive legal name, status, and registered address in one document.
How to serve a corporation
Once you've filed, the claim still needs to be properly served on the defendant, and the rules for serving a corporation are different from serving an individual. Generally, a claim against a corporation is served by leaving a copy with an officer, director, or a person who appears to be managing or in control of the business at its registered or head office, or with a person the corporation has otherwise authorized to accept service. Simply handing the documents to a junior employee, dropping them off at an unrelated location, or emailing them to a general customer service inbox typically won't count as valid service. If you're unsure where a corporation's registered office actually is, the Ontario Business Registry search described above will usually list it, and finding an address to serve court papers covers other ways to track one down when it isn't obvious.
What happens if you get the name wrong
Naming the wrong party doesn't necessarily end your case, but it can slow it down significantly. If you discover partway through — or worse, after judgment — that you sued the trade name instead of the corporation, or an individual instead of their corporation, it's often possible to bring a motion to amend the claim to correct or add the proper defendant — see correcting a party's name for how that process generally works. That said, amending a claim takes time, may involve an additional filing fee, and can restart parts of the timeline, including re-serving the corrected claim. In some situations, a limitation period issue can even arise if too much time has passed before the correction is made. All of this is avoidable with a bit of upfront verification, which is almost always faster and cheaper than fixing it later. From the other side of the same mistake, see sued under the wrong name for how a defendant in that position should respond.
Practical tips before you file
A few habits go a long way here. Keep every invoice, contract, email, and cheque connected to the dispute — these often contain the legal name even when the storefront branding doesn't. Run an Ontario Business Registry search before you finalize your statement of claim, even if you think you already know the right name. If a business has multiple locations or seems to operate under more than one name, confirm which specific entity you actually dealt with. And if the amount at stake is significant relative to the effort of double-checking, a quick call with a lawyer or licensed paralegal to confirm the correct defendant can be worthwhile before you file rather than after.
Frequently asked questions
Do I need the corporation's exact legal name to sue it?
Yes. A claim should name the corporation's registered legal name, not the sign on the door or the name on its website — a trade name alone can make a judgment difficult or impossible to enforce.
How do I find a company's legal name if I only know its storefront name?
A search of the Ontario Business Registry, ideally combined with a business name or master business licence search, will usually connect a trade name to the corporation or individual actually operating it.
Who can I serve at a corporation's office?
Generally an officer, director, or someone who appears to be managing or controlling the business at its registered or head office address, in keeping with the rules for serving a corporation.
What happens if I already filed against the wrong name?
It's often possible to correct or amend a claim to name the right party, but this can cost time and sometimes an extra fee — it's far better to verify the name before you file.