Suing a Business in Alberta: How to Find the Legal Name and File

The Name on the Sign Is Probably Not the Name You Sue

Every business in Alberta operates under some legal structure — a sole proprietorship, a partnership, or a corporation. The trade name on the storefront, the invoice, or the website is often not the legal entity capable of being sued. Filing a Civil Claim against "Dave's Plumbing" when the actual entity is "1234567 Alberta Ltd." means your judgment — even if you win — may be unenforceable.

Getting the defendant's legal name right is the single most important pre-filing step. Everything else in the process depends on it.

Sole Proprietorships and Trade Names

A sole proprietorship is not a separate legal entity. It is just an individual doing business under a trade name. If the person you are suing operates as a sole proprietor, you sue the individual — not the trade name.

To find the individual behind a trade name, order a Trade Name Search through an authorized Alberta Registry Agent (companies like Registry Direct, Alberta Registries, or any licensed agent). The search costs $10 to $25 and reveals the name and address of the registered proprietor.

Your Civil Claim names the person directly: "David Smith operating as Dave's Plumbing."

Incorporated Businesses

A corporation is a separate legal entity from its owners. You sue the corporation itself — not the individual directors or shareholders (unless you have specific grounds to "pierce the corporate veil," which is rare and complex).

Order a Corporate Registry (CORES) search to confirm:

• The exact legal corporate name — including the mandatory designation (Inc., Corp., Ltd., or a numbered Alberta company like "1234567 Alberta Ltd.")
• Whether the corporation is active or dissolved — a claim against a dissolved Alberta corporation may still be brought within two years after dissolution
• The registered office address — one approved service method for an Alberta corporation
• The names of active directors — if you need to serve a director personally as an alternative to registered-mail service at the registered office

A CORES search costs about $10 to $25 depending on the registry agent. The fee is a recoverable disbursement if you win.

Federal Corporations

Some businesses operating in Alberta are incorporated federally under the Canada Business Corporations Act rather than provincially. Their legal name appears in the federal Corporations Canada database rather than the Alberta Corporate Registry.

Search Corporations Canada online (free) to confirm the federal corporate name and status. If it is registered to do business in Alberta, use an Alberta Corporate Search to find its attorney for service.

Partnerships

If the business is a registered partnership, your Civil Claim names the individual partners or the registered partnership entity. A Partnership Search through a registry agent reveals the partners' names and the partnership's legal structure.

How to Serve a Corporation

Once you have confirmed the corporation's Alberta service details, service works differently than serving an individual:

• Recorded mail to the registered office address. Include the signed acknowledgment of receipt in your Affidavit of Service.
• Service on a director — serve a director in the same way as an individual defendant.
• Service on a manager at a qualifying business location — serve a person who appears to have management and control responsibilities at the corporation's principal place of business in Alberta or the place of business where the claim arose.

An extra-provincial corporation must be served through its Alberta attorney for service. Check the Court of Justice service instructions for the approved method for the corporation you are suing.

After serving, file an Affidavit of Service of Commencement Documents (Form CTS11420) with the court registry, attaching the signed delivery receipt or describing how personal service was completed.

What If the Business Has Closed or Changed Names

If the business changed names, a CORES search shows the name history. Sue under the current registered name.

If an Alberta corporation was dissolved, section 227 of the Business Corporations Act allows a claim against it within two years after dissolution. A shareholder who received property distributed on dissolution may be liable to a creditor up to the value received; former directors are not automatically personally liable just because the corporation was dissolved.

If the sole proprietor deregistered their trade name but is still alive and findable, you sue the individual directly. The trade name registration is not required for you to name them in your claim.

The Full Alberta Civil Claim Process

Identifying the correct defendant is just the first step. Our Alberta Civil Claim Guide covers the full process — demand letter, filing Form CTS1461, service, evidence preparation, and the hearing — with deadline tracking and instructions for each stage, including how to handle corporate defendants throughout the process.

See more Alberta guides →