How to name the right defendant

Legal information, not legal advice. This guide and our free tools give legal information. They do not give advice about your case. A licensed lawyer can give legal advice.

The answer

Your claim must state the defendant's correct full name. A judgment against the wrong name can be hard to enforce. Get the name right before you file.

Find the legal entity

• A corporation: use the exact legal name, with "Inc.", "Ltd.", or "Corp.". A store name is often not the legal name.
• A numbered company: sue the number name, for example "1234567 Ontario Inc.", and note the business name it uses.
• A sole proprietorship: the business is a person. Sue the person, and add the registered business name.
• A partnership: you can sue the partnership in the firm name.
• Search the Ontario Business Registry to confirm the name and the status.

More than one defendant

You can name more than one defendant in one claim. If 2 parties had a role in your loss, you can name both.

What to do

1. Collect every name you have: the contract name, the invoice name, the e-transfer name, and the sign name.
2. Search the Ontario Business Registry for each name.
3. Check who you paid: the person, or the company.
4. Write the full legal name on Form 7A, and add the business name it uses: /build/7a.
5. Not sure between a person and their company? Get legal advice before you file.

To fix a wrong name

You can file an amended claim. Mark it "Amended", underline the additions, and serve it on every party. File and serve it at least 30 days before the trial date, unless the court allows less. An amendment costs time. After the limitation period expires, you cannot add a new party, but you can correct a misnamed one.

Common mistakes

• The name on the truck or the sign is often not the legal name.
• One person can run several companies. Sue the one your contract names.
• A dissolved corporation can pay you nothing. Check the status in the registry.
• Do not guess the spelling. Copy the registry entry exactly.

When to get a lawyer

Get legal advice if the correct defendant is not clear, or several parties had a role. Legal services provided by Mithril Law — Jonathan Kleiman, licensed Ontario lawyer.

Free tools

• Check if your claim is worth it: /check
• Write a demand letter: /demand-letter
• Fill in your court forms: /build/7a
• Calculate your deadlines: /calculators/deadlines