Suing a Business in Ontario Small Claims Court: What You Need to Know

A contractor walked off your job half-finished. A retailer sold you defective goods and won't refund you. A landlord kept your security deposit without cause. If the amount you're owed is $35,000 or less (as of writing — verify the current limit before you file), Ontario Small Claims Court is designed to resolve exactly these disputes without the cost or complexity of Superior Court.

But there is a step that trips up many self-represented claimants before the hearing even begins: naming the right defendant correctly. Get that wrong and you may win a judgment you can never collect on.

Why the Business's Legal Name Is Everything

When you obtain a judgment against a business, you enforce it against the legal entity named on that judgment. If the name is wrong, incomplete, or refers to the wrong entity, you cannot garnish the business's bank account, seize its assets, or register the judgment — even if you won the case on the merits.

That is why your first task is not filling out the claim form; it is identifying exactly who you are suing.

Types of Business Structures — and What They Mean for You

Sole Proprietorships and Partnerships

A sole proprietorship is not a separate legal entity. The owner is the business. If you were harmed by "ABC Renovations" and that name is registered to John Smith, you are actually suing John Smith, who carries on business as (c.o.b.) ABC Renovations.

Your claim form should read: John Smith c.o.b. ABC Renovations (or whatever the registered trade name is).

The same logic applies to general partnerships: each partner is personally liable, and you may name the partnership and/or the individual partners.

Corporations

A corporation is its own legal person, entirely separate from the individuals who own or run it. When you sue a corporation, you sue the corporation — not the CEO, not the owner, not the shareholder.

The corporation's legal name usually ends in Inc., Ltd., Corp., or Limitée. The name on the storefront, website, or invoice may be a trade name ("operating as") that differs from the registered legal name. You need the registered legal name.

How to Find the Correct Legal Name

Ontario Business Registry

The Ontario Business Registry (OBR) is your primary tool. You can search it online at no charge to find:

• The registered legal name of a corporation or sole proprietorship
• The business number and date of incorporation
• The registered address
• Trade names (operating-as registrations)

Search by business name, trade name, or Ontario corporation number. Print or save a copy of the search results — you may want it at the hearing.

Federal Corporations

If the business is federally incorporated under the Canada Business Corporations Act, it will not appear in the OBR as an Ontario corporation. Search Corporations Canada's online directory instead. Federal corporations can operate in every province under their federal name.

What to Do When the Name on the Invoice Differs

The invoice or website might say "Sunrise Tile & Grout" while the OBR shows the registered entity is "2847691 Ontario Inc., carrying on business as Sunrise Tile & Grout." In that case, name the defendant as: 2847691 Ontario Inc. c.o.b. Sunrise Tile & Grout. Both names on the claim form protects you and puts everyone on notice.

Naming the Right Defendant: Practical Guide

How to Serve a Corporation

Serving an individual defendant is straightforward — you deliver the claim to them personally, or by other permitted methods. Serving a corporation is different.

Under Ontario's rules, a corporation may be served by leaving a copy of the claim at the corporation's registered office, or with an officer or director of the corporation. The OBR search will give you the registered address. Do not assume the storefront address and the registered office address are the same — they often are not.

Keep proof of service (affidavit of service) — the court requires it before your matter can proceed.

Common Scenarios

Contractor dispute. A renovation contractor took a deposit and never finished the work. Search the OBR, confirm whether it's a corporation or sole prop, name the defendant correctly, and claim the deposit plus documented out-of-pocket costs to fix or complete the work (up to the $35,000 limit as of writing).

Defective product. A retailer sold you something that was broken or dangerous and refuses to refund you. The defendant is typically the retailer you purchased from (the corporation or sole prop running that store), not the manufacturer, unless you have a direct claim against the manufacturer too.

Security deposit. Residential tenancies are generally handled through the Landlord and Tenant Board, not Small Claims Court. But commercial security deposits or certain disputes may land in Small Claims. Confirm jurisdiction before you file.

Unpaid wages or commissions. Depending on the amount and circumstances, employees have options including the Ministry of Labour and Small Claims Court. An employment lawyer can help you choose the right forum.

What If the Business Has Closed or Gone Bankrupt?

This is one of the hardest situations in Small Claims Court, and the honest answer is: it's complicated.

If a corporation has been dissolved, you may still be able to revive it for the purpose of suing it, or you may need to bring a claim against the directors personally in certain circumstances. If the business has filed for bankruptcy or a formal insolvency proceeding, the automatic stay under federal insolvency legislation may prevent you from proceeding in Small Claims Court at all — your claim may need to be filed as a proof of claim in the insolvency proceeding.

These situations benefit from legal advice early. A brief consultation can save you significant time and filing fees.