How to Sue a Business in Northwest Territories

The Biggest Mistake: Suing the Wrong Name

When you sue a business in the Territorial Court of the Northwest Territories, the name on your Statement of Claim (Form 1) must be the exact legal name registered with the GNWT. If you sue "Northern Home Repairs" but the registered entity is "7654321 NWT Ltd. operating as Northern Home Repairs," your judgment may be unenforceable — the legal entity you obtained judgment against does not technically exist.

This is the single most common reason civil judgments fail at the enforcement stage. Before you file anything, verify the entity.

How to Search the GNWT Corporate Registries

The Northwest Territories Department of Justice maintains the Corporate Registries Online System (CROS). A basic search is free and confirms:

• The exact registered legal name
• Whether the entity is actively registered
• The entity type (corporation, sole proprietorship, partnership, extra-territorial registration)

You can search at the GNWT Corporate Registries website or contact them directly at 867-767-9304 or [email protected].

For a full corporate profile — including scanned Articles of Incorporation, directors' names, and the registered office address — you need a registered CROS account and a credit card for the search fee.

How to Name Each Entity Type on Form 1

Corporation (NWT-registered): Use the full legal corporate name, exactly as it appears in CROS. Example: "Arctic Logistics Ltd." Include "Ltd.", "Inc.", or "Corp." as registered.

Sole proprietorship: Name the individual owner doing business as the trade name. Example: "Jane Smith dba Northern Home Repairs."

Partnership: Name each individual partner and the partnership itself. Example: "John Doe and Jane Smith, carrying on business as Northern Plumbing."

Extra-territorial corporation: For a company registered in another province, search CROS for any NWT extra-territorial registration.

Where to Serve a Business

Proper service depends on the entity type:

• Corporation: Serve an officer, director, or manager at the business premises, or leave documents at the registered office address listed in CROS.
• Sole proprietorship: Serve the individual owner personally at their physical address.
• Partnership: Serve each named partner personally.

If the registered office address in CROS is outdated and you cannot personally serve an officer, director, or manager, apply to a judge using Form 40 for an order authorizing substituted service. Do not assume another address is valid service without an order.

When the Business Is in Another Province

If the defendant is a corporation based outside the NWT, check CROS for any NWT extra-territorial registration. Serve a corporation by handing the documents to an officer, director, or manager, or by leaving them at its registered office. If you serve it outside the NWT, it has 30 days instead of 25 to file a defence. The appropriate registry depends on the defendant's residence or business location and where the transaction, breach, or event occurred.

What If the Business Has Closed?

If CROS shows that a corporation is dissolved or its status is unclear, verify the proper defendant and get legal advice before filing. Using the correct legal entity is important to obtaining an enforceable judgment. If the business was a sole proprietorship, name the individual owner doing business under the trade name.

For a CROS search walkthrough and party-naming checklist, see the NWT Small Claims Filing Guide.

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