How to Sue a Business in Ontario Small Claims Court
Find the Exact Legal Name
The single most important step when suing a business is naming the correct legal entity. A judgment against "Downtown Auto Repair" is worthless if the business is actually operated by "2947381 Ontario Inc." — you cannot garnish a bank account or register a writ against a name that does not match the legal owner.
Corporations must be sued under their exact corporate name as registered with the Ontario Business Registry (OBR). Run a search through the OBR portal — a profile report costs between $8 and $12 and gives you the legal name, registered office address, and directors. For federally incorporated businesses, search Corporations Canada instead.
Numbered companies (like "2947381 Ontario Inc.") are corporations whose owners chose not to register a separate name. They are sued exactly as the number appears in the registry. If they also operate under a trade name, you would name them as "2947381 Ontario Inc. o/a Downtown Auto Repair" — the "o/a" (operating as) connects the legal entity to the business the public knows.
Sole proprietorships are not separate legal entities. Under Rule 5.06, you sue the individual personally while referencing the trade name: "Jane Doe carrying on business as Downtown Auto Repair." If you do not know the owner's name, an OBR business name search can reveal it.
Partnerships can be sued in the firm name under Rule 5.01. If you want to hold individual partners personally liable for the judgment, serve a Notice to Alleged Partner (Form 5A) on each one.
Serve a Corporation Properly
Serving a business is different from serving an individual. For a corporation, accepted methods under Rule 8.03 include:
- Handing a copy to an officer, director, or the person who appears to manage the business at the registered office
- Sending a copy by registered mail or courier to the registered office address shown in the OBR profile
The registered office address is the address the corporation filed with the government — not necessarily the storefront you visited. Use the address from the OBR profile report.
For sole proprietorships, serve the owner personally. For partnerships, serve any one partner or leave a copy at the principal place of business with someone managing operations and mail a second copy the same or next day.
Filing the Claim
Complete the Plaintiff's Claim (Form 7A) and file it at the courthouse in the territorial division where the business operates or where the transaction took place. Attach copies of contracts, invoices, receipts, and any written communications the claim is based on.
State your facts in plain language: what the business agreed to do, what they actually did (or failed to do), and how much you are owed. The filing fee is $108 for infrequent claimants ($228 for frequent claimants who have filed 10 or more claims at the same court office in the calendar year).
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After Filing
Serve the issued claim within six months and file your Affidavit of Service (Form 8A). If the business does not file a defence within 20 days, file a Request to Clerk (Form 9B) to have it noted in default. For fixed-amount claims (an unpaid invoice, a specific refund), you can then request judgment on Form 11B; the clerk signs it directly.
If they defend, both sides attend a mandatory settlement conference. Businesses often settle at this stage rather than send a representative to trial.
Our Ontario Small Claims Court filing guide includes detailed instructions on corporate name searches, Form 7A completion with worked examples, and a service tracker to keep your deadlines organized.
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