Naming Correct Defendant Small Claims New Brunswick

You paid "Mike's Renovations" $12,000 for a kitchen remodel that was never finished. You file a claim against "Mike's Renovations" — and the judgment is unenforceable because that is a trade name, not a legal entity. Getting the defendant's name right is the single most important thing you do before filing.

Why the Name Matters

A judgment against the wrong name is worthless. Sheriff Services cannot garnish wages or seize assets belonging to "Michael Thompson" if your judgment is against "Mike's Renovations." And you cannot simply fix it after the fact — naming the wrong entity may require starting over with a new claim, a new filing fee, and the limitation period still ticking.

The court clerk will accept your Form 1 regardless of whether you named the defendant correctly. Clerks process filings and collect fees; they do not evaluate whether your named defendant is a real legal entity. The problem only surfaces at enforcement — by which point you may have won your hearing but cannot collect a dollar.

Step 1: Determine What Type of Entity You Are Suing

The naming rules depend on the defendant's business structure:

Individuals — use their full legal name (first and last), not a nickname or abbreviation. "Jane Doe" not "Janey" or "J. Doe."

Sole proprietorships — a sole proprietorship is not a separate legal entity. Name the individual owner plus the trade name: "Michael Thompson carrying on business as Mike's Renovations." This ensures your judgment attaches to the owner's personal assets.

Partnerships — name the firm name and each individual general partner. This is important because a judgment against the partnership name alone may not reach the partners' personal assets.

Corporations — the corporation is a separate legal person. You must use the exact legal corporate name, including the corporate designation: "Ltd.", "Limited", "Inc.", "Incorporated", "Corp.", "Corporation", "Ltée", or the French equivalents. "Thompson Home Renovations Inc." is a different entity from "Thompson Home Renovations Ltd." — get it exactly right.

Step 2: Search the Service New Brunswick Corporate Registry

The SNB Corporate Registry is your verification tool. It confirms a corporation's exact legal name, active/dissolved status, and registered head office address.

Online search options:

• By Business Number — free if you have the 15-digit NB Account Business Number
• By name or keyword — $3.00 per search via credit card

The online search gives you an instant summary: the legal name, status, and registered office address. This is enough for filing your claim and for serving documents at the registered office.

If you need formal proof for the hearing:

• Uncertified corporate document — $10.00 from SNB
• Certified corporate document — $20.00 from SNB

A certified copy confirms the corporation's legal existence, its officers and directors, and the registered office — useful if the defendant disputes that you sued the right entity.

SNB Corporate Registry contact: Phone 1-506-453-2703, email [email protected].

Step 3: Check for Name Variations

A single business may have multiple related entities. "Thompson Construction Ltd." might be the parent company, while "Thompson Home Renovations Inc." is a subsidiary. Your contract might be with one but the work was done by the other. Check your paperwork — the name on the contract, the invoice, and the cheque you wrote may point to different entities.

If you are unsure which entity to sue, check your contract, invoices, and registry records to identify the party you dealt with. Naming related entities without a factual basis can add service costs and complicate the case.

Step 4: Find the Address for Service

For corporations, the registered office address from the SNB search is an address where service can be made. Under the General Regulation, service may also be made by leaving copies with a director or officer, or with certain staff at a place of business.

For individuals, you need an address where they can be served. If you only have a business address, the SNB Corporate Registry may not identify the individual owner's residence. Use an address from your contract or other reliable records, or contact Sheriff Services about serving at an address you have ($75).

Common Mistakes

• Using the trade name alone — "Mike's Renovations" is not a legal entity. Always identify the person or corporation behind the trade name.
• Trusting the sign on the truck — business signage, website names, and social media handles are marketing, not legal names. Verify through SNB.
• Suing a dissolved corporation — if the SNB search shows the corporation is dissolved, a judgment against it may be difficult to enforce. Do not assume former directors are personally liable; verify the correct defendant before filing.
• Misspelling the corporate name — "Thompson Home Renovations Inc." vs. "Thomson Home Renovations Inc." — one letter can create an enforcement nightmare. Copy the name exactly as it appears in the SNB registry.

Your Next Step

Getting the defendant's name right costs $3 and takes five minutes. Getting it wrong can cost you months and make your judgment worthless. The New Brunswick small claims filing guide includes a pre-filing checklist that walks through corporate searches, proper naming, and service requirements for every type of defendant.

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