Can I enforce a judgment against a guarantor if the main debtor cannot pay in Ontario?

Yes, but the process depends on how your claim and judgment are structured. A guarantor who signs a personal guarantee agrees to be liable for the debt of another person or entity if that person or entity defaults. In Ontario, if you have a judgment that names the guarantor as a defendant — which is the ideal situation — you can enforce against the guarantor's assets directly using all standard enforcement tools: wage garnishment, bank garnishment, writ of seizure and sale.

If your judgment is only against the principal debtor (the primary obligor), you cannot automatically enforce against the guarantor. You would need to bring a separate claim against the guarantor, establish their liability under the guarantee, and obtain a judgment against them. At that point you can then enforce.

The language of the guarantee matters. "Demand guarantees" require you to demand payment from the guarantor before suing; "unconditional guarantees" can be called upon without first exhausting remedies against the primary debtor. Courts will enforce guarantees according to their terms, so having a lawyer review the document before proceeding helps avoid procedural missteps.

Guarantors sometimes have defences: the guarantee was not properly signed, it was given under duress, it covers only certain debts, the guaranteed amount was materially altered without consent, or the guarantee is no longer enforceable because of changes to the underlying contract. These must be assessed before assuming enforcement against the guarantor will be straightforward.