Form 5A – Notice to Alleged Partner

Jurisdiction: Canada | Ontario

What is a Form 5A – Notice to Alleged Partner?

Form 5A is an Ontario Small Claims Court form used in partnership cases. You use it to notify a person or corporation that you claim they are a partner in a business you are suing. It tells the alleged partner about the lawsuit and gives them a chance to deny that they are a partner. It also warns them that judgment in the case may be enforced against them as a partner if they do not respond.

This form belongs to the Superior Court of Justice — Small Claims Court in Ontario. It is a procedural notice that supports your claim when you name a partnership or a firm name as a defendant. It connects the person you allege is a partner to the case in a clear, fair way.

Who typically uses this form?

Plaintiffs who sue a business that is not a corporation. That includes suppliers, landlords, subcontractors, lenders, or customers seeking repayment or damages. Collection agencies and law firms also use it on behalf of clients. Defendants do not use this form. Instead, an alleged partner who disagrees uses the companion form, a denial of partnership, to respond.

Why would you need this form?

If you sue a partnership or a firm name, your goal is often to collect from partners if you win. To do that, the court requires that each alleged partner receive formal notice. Form 5A serves that function. It helps you preserve your ability to enforce judgment against a partner’s assets in line with partnership liability rules.

Typical usage scenarios

• You supplied goods to “Maple Home Repairs.” The invoice shows a firm name, not a corporation. You sue “Maple Home Repairs.” You also identify Alex and Priya as partners. You serve each of them with a Form 5A so they can respond if they deny being partners.

• You hired “Northside Plumbing” to do work. You later learn it is a partnership. You sue the firm name and add the two plumbers you believe are partners. You serve Form 5A on each of them along with your claim.

• You are owed rent by “Queen Street Bakery,” which is not incorporated. You sue the firm name and the people you believe own the business. You deliver a Form 5A to each person to preserve the right to enforce judgment against them as partners.

This form is not for corporations or shareholders. It is for partnerships and persons alleged to be partners. If the business is a sole proprietorship, you should sue the individual “carrying on business as” the trade name. Form 5A does not apply in that case.

When Would You Use a Form 5A – Notice to Alleged Partner?

Use Form 5A when you have started, or are starting, a Small Claims Court action that names a partnership or a firm name. The form should go to any person or corporation you allege is a partner at the time relevant to the claim. In practice, you often serve it at the same time as the claim.

Here are practical examples:

You contracted with “GreenLeaf Landscaping,” which used only a trade name. You cannot find a corporate registration. You discover that two individuals run the business as partners. You sue the firm name and those two individuals. You must give each of them Form 5A. This puts them on notice that you will seek to hold them liable as partners if you win.

You supplied restaurant equipment to “Harbor Bistro.” Your invoices list “Harbor Bistro” and the names of two co-owners. You sue the firm name and identify both as partners. You serve Form 5A on both co-owners to support enforcement later.

You won a default judgment against “K&P Renovations” (the firm name). You now want to enforce against one owner’s assets. You cannot do that unless you gave that person notice as an alleged partner. Form 5A, properly served earlier, helps you with that step. If you skipped it, you may need to serve it before you can move on with enforcement.

You discovered a third partner after starting your claim. You amend your claim to add that person. You then serve Form 5A on the newly added alleged partner to preserve your enforcement rights.

Typical users include small business owners, trades, suppliers, landlords, and service providers. If you sell materials, rent space, or deliver services to non-incorporated firms, you may need this form. The key trigger is that you intend to hold individual partners liable in the Small Claims Court case.

If the defendant is a corporation, do not use this form. Corporations are separate legal persons. Shareholders are not alleged partners. You would sue the corporation itself. If the defendant is an individual sole proprietor, you should name the individual personally. You would not use Form 5A because there are no partners.

Legal Characteristics of the Form 5A – Notice to Alleged Partner

Form 5A is part of the court’s procedure for partnership cases. It is not a judgment. It does not, by itself, make someone liable. Instead, it is a formal notice that supports later enforcement if you win. It is legally significant because the court requires you to give alleged partners a fair chance to deny the partnership. If they do not deny within the defence timeline, the court may treat them as partners for enforcement in this case.

What makes it effective is proper service and accurate content. The form must identify the case, the firm name, and the alleged partner. It must state that you allege a partnership and that the person can deny it by filing the denial form within the defence deadline. It must also warn that judgment may be enforced against them as a partner if they do not deny.

Enforceability depends on three things:

• You served the form on the alleged partner in a way the court accepts. This usually means personal service on the individual or service on a corporation at its registered address.

• You attached the correct documents. This includes a copy of your claim and a blank denial of partnership form for the alleged partner to use.

• You filed proof of service with the court. The court needs a clean record that the alleged partner got the notice.

If the alleged partner files a denial on time, you must prove partnership before judgment can be enforced against that person. You can prove it at trial or by motion with evidence. If they do not file a denial and you obtain judgment, you can seek to enforce against them as a partner, subject to any other defences.

General legal considerations:

• Use exact names. Match the alleged partner’s legal name and, for the firm, use the trade name on your invoices and the name used in your claim. Avoid spelling errors. They cause service and enforcement issues.

• Distinguish partnerships from corporations. If the business is a corporation, do not allege partnership. Check your documents for “Inc.,” “Ltd.,” or “Corporation.” If present, the business is likely incorporated.

• Serve every alleged partner. Serving only one partner does not cover others. You need to serve Form 5A on each alleged partner.

• Keep timelines in mind. The alleged partner must have the same chance to respond as a defendant. Serve Form 5A as early as possible, ideally with the claim.

• Know your goal. The point of Form 5A is enforcement. Without it, you may win against the firm name but face limits when you try to collect from an individual partner.

Treat the form with the same care you give your claim. It protects your path to collection and reduces disputes about fair notice.

How to Fill Out a Form 5A – Notice to Alleged Partner

Follow these steps. Keep your language precise and consistent with your claim.

Step 1: Identify the court and file number

• At the top, write “Ontario Superior Court of Justice — Small Claims Court.”
• Enter the court address where your claim is filed.
• Add the court file number from your Plaintiff’s Claim. Make sure it matches.

Step 2: List the parties exactly as on the claim

• Enter your name as “Plaintiff” the same way it appears on the claim.
• Enter the defendant(s) the same way. If you sued a firm name, include that firm name as the defendant.
• If your claim lists known partners as defendants, list them in the same order and spelling.

Step 3: Name the alleged partner you are serving

• Enter the full legal name of the person or corporation you allege is a partner.
• Add their service address. Use a residential address for individuals. Use a registered office for corporations.

Step 4: Describe the firm and your allegation

• State the firm name or partnership name. Use the exact trade name used in the claim and on invoices.
• State that you allege the person is, or was, a partner at the time relevant to the claim.
• If you know the business address of the firm, include it. This helps identify the correct business.

Example language you can adapt:

• “You are alleged to be a partner in the firm known as ‘Harbor Bistro’ that is a defendant in this action.”
• “The plaintiff claims for unpaid invoices supplied to ‘Maple Home Repairs,’ and alleges you were a partner at the material time.”

Keep sentences short and factual. Do not add an argument. The form is a notice, not evidence.

Step 5: Explain the recipient’s right to deny partnership

• State that the alleged partner may deny being a partner by delivering a Denial of Partnership to the court and serving it on you.
• State that they must do so within the defence deadline that applies to the claim.
• State that if they do not deny on time, any judgment may be enforced against them as a partner in this case.

You do not need to quote deadlines or rules. The defence deadline is set by the claim and by where the person was served. Keep it simple and clear.

Step 6: Attach required documents

• Attach a copy of your Plaintiff’s Claim.
• Attach a blank Denial of Partnership form for the recipient to use.
• If available, attach a copy of any endorsement or order that shows the claim has been issued.

Arrange the package so Form 5A appears first, followed by the claim, then the blank denial form. Use staples or a single clip.

Step 7: Provide your contact details

• Add your name, address for service, phone number, and email. If you have a representative, list their details instead.
• Confirm how you prefer to receive documents. This helps the alleged partner serve you properly.

Step 8: Sign and date the form

• Sign the form as the plaintiff, or have your licensed representative sign.
• Add the signing date and city. Make sure the date is accurate, as it affects service and timelines.

Step 9: Serve the alleged partner

• Use a method the court accepts for individuals and corporations. For individuals in Ontario, arrange personal service if possible. For corporations, deliver to the registered office or an authorized representative.
• Serve Form 5A together with the claim and the blank denial form. Serve each alleged partner whom you want to hold liable.

Keep proof of service. Ask the server to note the date, time, place, and the name of the person served.

Step 10: File proof of service with the court

• Complete an Affidavit of Service for each person served.
• Attach a copy of what you served to the affidavit. Include Form 5A, the claim, and the blank denial.
• File the affidavit(s) with the same Small Claims Court office where the claim is filed.

Do this promptly. It creates a record. The clerk and the judge will rely on it later.

Step 11: Track responses and deadlines

• If the alleged partner files a denial on time, plan to prove the partnership later. Gather documents that show partnership, such as invoices, letterhead, business listings, or agreements.
• If the alleged partner does not file a denial and you later obtain judgment, you may seek to enforce against them as a partner. Keep your proof of service handy.

Practical tips and common pitfalls:

• Confirm the business type before you allege a partnership. Look at invoices, quotes, email signatures, and public listings. If you see “Inc.” or “Ltd.,” it is likely a corporation, not a partnership.

• Use consistent names across all documents. The firm name on your claim and on Form 5A should match. So should the alleged partner’s name. Small differences cause problems later.

• Serve every alleged partner. If there are three partners and you serve only one, you may not enforce against the others. Serve each person you plan to hold liable.

• Do not rely on a trade name alone. Always connect the trade name to the people you believe are partners. That is the purpose of the form.

• Keep your file organized. Store copies of Form 5A, the claim, the blank denial, and all affidavits of service. You will need them if the case goes to trial or enforcement.

• Time your service well. If you can, include Form 5A in the same package as the claim. That ensures the alleged partner has the full defence period to respond.

Real-world example:

You sue “Sunrise Painting” for $12,000. You believe Jordan and Mia run the business together as partners. You issue your claim naming “Sunrise Painting” as a defendant, and you also name Jordan and Mia. You prepare a Form 5A for Jordan and another for Mia. Each form lists your court file number, identifies “Sunrise Painting,” states your allegation of partnership, and explains their right to deny. You attach a copy of your claim and a blank denial to each package. You hire a process server to hand each package to Jordan and Mia. You file two affidavits of service with the court. Jordan files a denial. Mia does not. At trial, you prove the debt and also prove the partnership as to Jordan. You obtain judgment against the firm and both partners. You then enforce the judgment against the firm’s assets and, if needed, against Jordan and Mia, subject to the court’s findings.

Edge case example:

You served Form 5A only on the firm name and not on the individual partners. You win a default judgment against the firm. You try to garnish a partner’s wages. The sheriff or court officer asks for proof that you served Form 5A on that partner. You cannot provide it. Your enforcement is delayed. You must serve Form 5A now and wait for the response, or seek the court’s direction. Serving properly at the start avoids this outcome.

Bottom line: Form 5A is a simple document with important effects. It preserves your ability to collect from partners if you win. Fill it out carefully. Serve it correctly. File your proof. Then track responses and be ready to prove the partnership if challenged.

Legal Terms You Might Encounter

Alleged partner: This is the person you say was a partner in the business at the time of the debt. Form 5A tells them you plan to hold them personally responsible.

Partnership: This means two or more people carrying on business together with a view to profit. You use Form 5A when you want to reach individual partners behind a business name.

Firm name: This is the business name the partnership uses, often not the partners’ personal names. Your claim may name the firm, but Form 5A helps you reach the people behind it.

Material time: This refers to when the debt arose or the events in your claim happened. You allege the person was a partner during this period.

Personal liability: This is the ability to collect from a person’s personal assets, not just from the business name. Serving Form 5A seeks to create a path to personal liability for an alleged partner.

Plaintiff’s Claim: This is the court form that starts your case. You attach a copy when you serve Form 5A so the alleged partner knows what the case is about.

Defence: This is the response an alleged partner can file. They can deny being a partner, deny liability, or raise other defences.

Service: This is how you deliver court documents to a person or business. Form 5A must be properly served on each alleged partner you want to hold liable.

Affidavit of Service: This is a sworn statement confirming how and when you served the Form 5A and attachments. The court relies on it to prove the notice reached the alleged partner.

Judgment: This is the court’s final decision. If you properly serve Form 5A and succeed in your case, you may enforce judgment against an alleged partner.

Default judgment: This can happen if someone does not defend within the set time. Proper service of Form 5A can support a default judgment against an alleged partner.

Costs: These are allowable expenses of the case, such as filing or service fees. Poor service or errors with Form 5A can increase your costs or cause delays.

FAQs

Do you need to file Form 5A with the court, or only serve it?

You serve Form 5A on each alleged partner and keep proof. You should also file your Affidavit of Service. Filing a copy of the served notice with the court record is good practice, so the file is complete.

Do you have to serve every partner named in the claim?

Serve Form 5A on each person you want to hold personally liable. If you skip someone, you may not enforce judgment against that person later.

Do you attach the Plaintiff’s Claim when serving Form 5A?

Yes. Include a copy of the Plaintiff’s Claim and any schedules referenced in the notice. The alleged partner needs to see what the case is about to decide how to respond.

Do you need personal service for Form 5A?

Service rules vary by document and circumstances. Form 5A often requires personal service because you are notifying a person of potential personal liability. Use a reliable process server and keep detailed proof of service.

Do you use one Form 5A for multiple people?

No. Prepare and serve a separate Form 5A for each alleged partner. Each person must get their own copy with the correct name and address.

What if the alleged partner disputes being a partner?

They can file a Defence denying partnership or liability. The court may require evidence about whether they were a partner at the material time. Keep records that show who owned or managed the business.

What happens if you do not serve Form 5A?

You might still get judgment against the firm name, but enforcing against individual partners can be blocked. Proper service of Form 5A helps you enforce against a partner’s personal assets.

How do you determine someone’s correct legal name for the form?

Use official records where possible. Check business registrations, contracts, invoices, or prior correspondence. Avoid nicknames. If the person uses a middle name or initials, mirror how it appears in business or legal documents.

Checklist: Before, During, and After

Before signing

• Confirm the court file number and correct court location.
• Verify the full firm name as shown in your Plaintiff’s Claim.
• Identify each alleged partner’s legal name and address for service.
• Gather proof of partnership at the material time (e.g., registrations, agreements, invoices).
• Prepare a copy of the Plaintiff’s Claim and any schedules to attach.
• Plan service. Decide who will serve, when, and how you’ll confirm identity.
• Set internal deadlines to complete service and file proof.
• Budget for service fees and copies.
• Prepare a separate Form 5A for each alleged partner.

During signing

• Check that the names match your Plaintiff’s Claim exactly.
• Confirm you described the material time correctly and consistently.
• Ensure the firm name and court file number are accurate.
• Include your name and contact details as shown on your claim.
• Review dates. The issuance date should make sense with your service plan.
• Sign and date clearly. Use ink that reproduces well.
• Keep one clean original and copies for service and filing.

After signing

• Make at least three sets: one for court, one for service, and one for your records.
• Serve each alleged partner with:
• The completed Form 5A for that person, and
• A full copy of the Plaintiff’s Claim with schedules.
• Use a method of service that meets court rules for personal service.
• Obtain and complete an Affidavit of Service for each person served.
• File the Affidavit(s) of Service with the court promptly.
• Calendar the Defence deadline and monitor the file.
• Record any responses received and keep all envelopes and delivery proofs.
• If service fails, troubleshoot quickly and attempt service again.
• Store everything in a dedicated case file with a versioning system.

Common Mistakes to Avoid

Using the wrong name or spelling

Don’t guess someone’s legal name. If you misname an alleged partner, they can dispute service or identity. This can delay your case or prevent enforcement later.

Serving only the firm, not the person

Don’t forget to serve each alleged partner individually. Serving the firm name alone may block you from collecting against a partner’s personal assets.

Leaving out the Plaintiff’s Claim

Don’t serve Form 5A by itself. Without the claim, the recipient cannot assess the case, and service may be challenged as incomplete.

Weak or missing proof of service

Don’t rely on memory. Use a proper Affidavit of Service with dates, times, addresses, and how identity was confirmed. Missing proof can sink a default request.

Vague “material time” description

Don’t be unclear about when the partnership existed. If the date range is vague, the alleged partner may dispute liability more easily, and the court may question notice.

What to Do After Filling Out the Form

Serve each alleged partner

• Prepare a separate package for each person: their Form 5A and a full copy of the Plaintiff’s Claim with schedules.
• Arrange a compliant service. Personal service is commonly required for this notice.
• Verify identity at the service. Record how the server confirmed the recipient’s identity.

Complete and file proof of service

• Have the server complete an Affidavit of Service for each person served.
• File the affidavits with the court so the record shows proper notice.
• Keep stamped copies and file notes for your records.

Track deadlines and responses

• Calendar the Defence deadline applicable to the recipient.
• Watch the court file for any Defence that denies partnership or liability.
• If a Defence is filed, review your evidence about the partnership at the material time.

Follow up on non-response

• If an alleged partner does not respond by the deadline, review your options.
• Ensure your service was valid and your affidavits are complete before seeking the next steps in the case.

Address errors quickly

• If you discover a name or address error, correct the documents and re-serve as needed.
• Keep a clear audit trail showing what changed and why.

Manage evidence about the partnership

• Organize documents showing the person’s connection to the business during the material time.
• Examples include business registrations, partnership agreements, letterhead, invoices, emails, or public listings naming the person.

Keep records organized

• Store all versions of Form 5A, service notes, affidavits, and correspondence in a single file.
• Use consistent file names and dates so you can retrieve items quickly.
• Preserve originals in case the court needs to see them.