What can I do if a judgment debtor is hiding or transferring assets to avoid paying me in Ontario?

Ontario law provides remedies when a debtor transfers assets to prevent creditors from collecting on a judgment. The primary tool is the Fraudulent Conveyances Act, which allows a court to void transfers of property made with the intent to defeat, hinder, delay, or defraud creditors. If a debtor transferred real property to a spouse or family member for little or no consideration shortly before or after you obtained your judgment, that transfer may be vulnerable to challenge.

Courts look at circumstances — called "badges of fraud" — that suggest intent: transfers to family members, transfers for less than fair value, transfers made while the debtor was insolvent or facing a lawsuit, and transfers of substantially all assets. You do not have to prove the debtor's subjective state of mind if enough circumstances point to an improper motive.

There is also the Assignments and Preferences Act, which addresses situations where an insolvent debtor unfairly favours one creditor over others when assets are being distributed. Bankruptcy law similarly allows a trustee to challenge fraudulent or preferential transfers.

To pursue these remedies, you typically need to bring a court application to set aside the transfer. You would name the transferee (the person who received the asset) as a respondent. This can be complex litigation requiring legal representation. If you suspect a debtor is hiding assets, raise it with a lawyer promptly — delays can allow further dissipation of assets and complicate recovery.