How to Name Defendant Small Claims Court Manitoba

Why the Name on Your Claim Matters

A judgment is only enforceable against the entity named on it. If you sue "Bob's Plumbing" but that is just a trade name — not a registered corporation — you may win the hearing and still have a judgment you cannot collect on. The name on Form 76A must be the correct legal name of the person or entity that owes you money.

Three Scenarios

Suing an Individual

Use their full legal name as you know it: "Robert James Chen." If they have gone by a different name in your dealings, add it: "Robert James Chen also known as Bobby Chen." The "also known as" covers any confusion about which Robert Chen you mean.

Suing a Sole Proprietor With a Trade Name

Many contractors, freelancers, and small operators in Manitoba trade under a business name without incorporating. "Speedy Electric" might be one person operating under a registered business name.

In this case, you name the individual and the trade name: "Robert Chen operating as Speedy Electric" (or "carrying on business as Speedy Electric" — "c.o.b." in legal shorthand). This ties the judgment to the person behind the trade name, which is what makes it enforceable.

How do you find out who is behind the business? Search the Manitoba Companies Office at companiesoffice.gov.mb.ca, then confirm the legal entity and owner's identity from the contract, invoices, or directly with the business. If it is a sole proprietorship or business name, identify the individual owner because the trade name is not a separate legal person.

Suing a Corporation

A corporation is a separate legal entity. You sue it by its exact registered name: "Chen Electrical Services Ltd." Not "Chen Electric," not "Chen Electrical" — the exact name on the Companies Office record. Do not rely on a name suffix alone to identify the correct party.

To get this right, order a File Summary from the Manitoba Companies Office ($5 per company, payable by credit card). It gives you:

• The exact corporate legal name
• Whether the corporation is active
• The registered office address (this is where you serve the documents)
• The names of directors and officers

What to Do When You Are Not Sure

If you dealt with "Speedy Electric" and are not certain which legal entity you contracted with, run the Companies Office search first. If "Speedy Electric Ltd." comes up as an active corporation, confirm that it is the entity on your contract. If nothing comes up, ask the person directly or check the contracts, invoices, or business cards they gave you.

When genuinely uncertain, confirm the correct party before filing or seek legal advice rather than naming multiple defendants based on a guess.

Common Mistakes

• Naming only the trade name. "Speedy Electric" is not a legal person. A judgment against it alone may be worthless.
• Using the wrong corporate name. "Chen Electric" instead of "Chen Electrical Services Ltd." — close is not close enough. The Companies Office search takes two minutes.
• Suing a director instead of the corporation. A corporation is a separate legal entity, so do not assume a director is personally liable just because they run the business. Confirm the basis for naming any individual before filing.
• Suing an employee. If a company's employee caused the damage, you generally sue the company, not the individual employee.

Get It Right Before You File

An incorrect name on Form 76A can mean a rejected filing, an unenforceable judgment, or a successful set-aside application by the defendant. The Making a Small Claim in Manitoba guide includes a party-naming checklist and field-by-field instructions for Form 76A that cover individuals, sole proprietors, and corporations.

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