January 18, 2014 - Business Names

Business Names

Vic Beck brings some interesting finds to the table. From the Business Names Act for Ontario

Registering name

2. (2)  No individual shall carry on business or identify his or her business to the public under a name other than his or her own name unless the name is registered by that individual. R.S.O. 1990, c. B.17, s. 2 (2).

Did you register the all caps name? Did you register your birth? Why are you carrying on business under that name?

Ability to sue

7.  (1)  A person carrying on business in contravention of subsection 2 (1), (2) or (3) or subsection 4 (4) or (6) is not capable of maintaining a proceeding in a court in Ontario in connection with that business except with leave of the court. R.S.O. 1990, c. B.17, s. 7 (1).

Unless you are the one who registered the name you have no standing in court as representing that name, nor liability for that name…

Liability for damages

(1)  A person is entitled to recover compensation from a registrant for damages the person suffered by reason of the registration by the registrant of a name that is the same as or deceptively similar to,

      (a) a name registered by the person; or

      (b) the person’s name, even though the person is not required to register that name under this Act. 2010, c. 16, Sched. 5, s. 2 (1).

See: 2010, c. 16, Sched. 5, ss. 2 (1), 7 (2).

In this Act a "person" is defined as "includes an individual, sole proprietorship, partnership, limited partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, body corporate, and an individual in his or her capacity as trustee, executor, administrator or other legal representative;"

Is it time to issue a claim for compensation???

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