How to Name the Right Defendant in Yukon Small Claims Court

Why the Defendant's Name Matters More Than You Think

The name you write on Form 01 — Claim determines who is legally bound by the judgment. Get it wrong and you might win the case but have no way to collect, because the entity on your judgment is not the entity that holds the assets, bank accounts, or income.

This is the most common fatal error in Yukon small claims cases. A claimant sues "Northern Plumbing" — the name on the business card — when the actual registered entity is "789012 Yukon Inc." The judgment against "Northern Plumbing" cannot be enforced against the corporation's bank account.

How to Search YCOR

The Yukon Corporate Online Registry (YCOR) is managed by Corporate Affairs at 307 Black Street, Whitehorse. You can search it to find:

• Whether a business is a registered corporation, partnership, or sole proprietorship
• The exact registered legal name
• The registered office address (where you can serve court documents)
• Whether the entity is active or dissolved

Contact Corporate Affairs at (867) 667-5314 or by email at [email protected] to run a search.

Naming Rules by Entity Type

Individuals

Use their full legal name as it appears on identification — first name, middle name (if known), and surname. If you only know them by a nickname or shortened name, use what you have and add "also known as" if needed.

Example: "James Robert Wilson"

Sole Proprietors

Name the individual owner and their operating trade name. This ensures the judgment applies to the person, not just the business name.

Example: "James Wilson operating as Wilson Home Repairs"

The trade name alone is not enough — "Wilson Home Repairs" is not a legal person and cannot have assets seized or wages garnished.

Corporations

Use the exact registered corporate name from YCOR. It often looks nothing like the public-facing brand:

• Public name: "Whitehorse Kitchen & Bath"
• YCOR registered name: "456123 Yukon Inc."

The registered name is the only one that counts on a court form. If you sue the trade name and the corporation's lawyers show up, they will move to dismiss on the basis that the named defendant does not legally exist.

Partnerships

Name each individual partner you want to hold liable. Serve Form 06 — Notice to Alleged Partner alongside the claim to establish that each named person is in fact a partner and personally liable for the partnership's debts.

Example: "Jane Smith and Mark Lee, a partnership operating as Northern Automotive Services"

Government and Public Bodies

Suing a territorial government department requires naming the government entity correctly and serving the designated statutory officer — typically through the Department of Justice.

Example: "Government of Yukon"

What If the Business Is Dissolved?

A YCOR search might show the business as dissolved or struck from the registry. That result does not establish whether the corporation or any former director or officer is liable for your claim. Speak to the Lawyer Referral Service ($30 for a 30-minute consultation through the Law Society of Yukon) to assess your options.

Double-Check Before You File

Before you hand Form 01 to the registry clerk:

1. Run the YCOR search and print the result
2. Match the name exactly — spelling, punctuation, "Ltd." vs. "Inc."
3. Confirm the registered office address — this is where you will serve the documents
4. Check that the entity is active — a dissolved entity needs a different approach

The Making a Small Claim in Yukon guide includes an entity identification worksheet that walks through each entity type with the exact naming format for Form 01, plus YCOR search instructions.

See more Yukon guides →