How to Sue a Company in Newfoundland Small Claims Court

Suing a company in Newfoundland and Labrador's small claims court is not the same as suing an individual. If you name the defendant incorrectly on your Statement of Claim, the judgment may be unenforceable — even if you win. The court needs the exact legal name, and getting it wrong is one of the most common filing errors.

Step One: Figure Out What Kind of Business You Are Dealing With

Businesses in Newfoundland and Labrador fall into distinct legal categories, and each one gets named differently on your court forms:

Incorporated company (Ltd., Inc., Incorporated) — A corporation is a separate legal entity from its owners. For a claim against the company, name it by its exact registered corporate name. Naming an individual director or shareholder requires a separate basis.

Sole proprietorship or trade name — When someone operates a business under a name like "Dave's Plumbing" but has not incorporated, the business is not a separate legal entity. You name the owner personally, followed by "trading as" and the business name: Dave Smith trading as Dave's Plumbing.

Partnership — Similar to a sole proprietorship, but with multiple owners. Name the general partner(s) personally, followed by "trading as" and the partnership name: Robert Brown and David Green trading as Green & Brown Logistics.

The distinction matters because serving and enforcing against a corporation follows different rules than serving an individual.

The Mandatory CADO Search

Before suing any incorporated business, you must run a search through the Companies and Deeds Online (CADO) portal, maintained by the Commercial Registration Division of Digital Government and Service NL.

CADO gives you:

• The exact registered corporate name (including whether it is "Limited", "Incorporated", or "Inc.")
• The company's registration status (active, dissolved, struck off)
• The registered head office address
• Names of current directors and officers

This matters for two reasons. First, you need the exact corporate name for your Statement of Claim — one wrong word and you may be suing an entity that does not legally exist. Second, the court requires you to attach a printed copy of the CADO detailed corporate search result directly to your Statement of Claim (Form 1) when suing a corporate defendant. Filing without it risks rejection at the registry.

For federally incorporated companies (those registered under the Canada Business Corporations Act rather than provincially), run an equivalent search through Corporations Canada instead of CADO.

Serving a Corporate Defendant

Service rules differ depending on the defendant type:

Corporation: You can serve the company by personal delivery to a director, officer, or manager, or by leaving a copy at the registered head office address shown on the CADO search. Alternatively, send it by Canada Post Registered Mail addressed to the registered head office.

Sole proprietorship: Serve the individual owner personally or by registered mail to their personal or business address.

Partnership: Serve any one general partner personally, or send registered mail to the partnership's place of business.

In all cases, you must complete a Certificate of Service (Form 4) proving that service was properly executed. If you served a corporation by registered mail to the CADO head office, attach the signed Canada Post delivery card to Form 4.

What If the Company Has Been Dissolved or Struck Off?

If your CADO search shows the company's status as "dissolved" or "struck off the register," do not assume whether the company is or is not the correct defendant. Confirm the legal entity to name before filing; if needed, seek legal advice from PLIAN's Lawyer Referral Service ($40 for a 30-minute consultation) about your options.

Naming Mistakes That Derail Claims

Using a trade name instead of the corporate name. If someone hands you a business card for "Atlantic Home Reno" but the actual incorporated entity is "Atlantic Home Renovations Ltd.," suing "Atlantic Home Reno" may produce an unenforceable judgment.

Omitting the corporate suffix. "Atlantic Home Renovations" and "Atlantic Home Renovations Ltd." are legally different entities. Always include the full registered name with the suffix.

Suing the company when you should sue the owner. If the business is not incorporated, the company name has no legal standing in court. You must name the individual owner.

Before filing, compare the exact registered name on the CADO search printout with the name you enter on Form 1.

Our Newfoundland and Labrador Small Claims Filing Guide includes a party identification worksheet that walks you through the CADO search process and helps you format the defendant's name correctly for Form 1.

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