Subsection 9(1) of the OBCA provides as follows: 9. (1) Name prohibition – Subject to subsection (2), a corporation shall not have a name, (a) that contains a word or expression prohibited by the regulations; (b) that is the same as or, except where a number name is proposed, similar to, (i) the name of a known, (A) body corporate, (B) trust, (C) association, (D) partnership (E) sole proprietorship, or (F) individual, whether in existence or not, or (ii) the known name under which any body corporate, trust, association, partnership, sole proprietorship, or individual, carries on business or identifies himself, herself or itself if the use of that name would be likely to deceive. Click here for more.

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Legislation

[6]          Subsection 9(1) of the OBCA provides as follows:

9. (1)   Name prohibition – Subject to subsection (2), a corporation shall not have a name,

(a)   that contains a word or expression prohibited by the regulations;

(b)   that is the same as or, except where a number name is proposed, similar to,

(i)   the name of a known,

(A)     body corporate,

(B)     trust,

(C)     association,

(D)     partnership

(E)      sole proprietorship, or

(F)      individual,

whether in existence or not, or

(ii)  the known name under which any body corporate, trust, association, partnership, sole proprietorship, or individual, carries on business or identifies himself, herself or itself

if the use of that name would be likely to deceive; or

(c)   that does not meet the requirements prescribed by the regulations.

Subsection 12(1) of the OBCA provides as follows:

            12. (1)  Change of name if objectionable – If a corporation, through inadvertence or otherwise, has acquired a name contrary to section 9, the Director may, after giving the corporation an opportunity to be heard, issue a certificate of amendment to the articles changing the name of the corporation to a name specified in the certificate and, upon the issuance of the certificate of amendment, the articles are amended accordingly. 

Subsection 252(5) of the OBCA provides as follows:

252. (5) Where an appeal is taken under this section, the court may by its Order direct the Director to make such decision or to do such other act as the Director is authorized and empowered to do under this Act and as the court thinks proper, having regard to the material and submissions before it and to this Act, and the Director shall make such decision or do such Act accordingly. 

[7]          Section 2 of Ontario Regulation 62 made under the OBCA (the “Regulation”) provides as

follows:

2. (1) “Name” when used in the expression “if the use of that name would be likely to deceive” used in clause 9(1)(b) of the Act includes,

(a)   a name that would lead to the inference that the business or activities carried on or intended to be carried on by the corporation under the proposed name and the business or activities carried on by any other person are one business or one activity, whether or not the nature of the business or activity of each is generally the same;

(b)   a name that could lead to the inference that the corporation bearing the name or proposed name is or would be associated or affiliated with a person if the corporation and such person are not or will not be associated or affiliated; or

(c)   a name whose similarity to the name of a person would lead someone who has an interest in dealing with that person, to deal with the corporation bearing the name inthe mistaken belief that they are dealing with the person.