How do I enforce an arbitration award in Ontario the same way as a court judgment?
Under Ontario's Arbitration Act, 1991, a private domestic arbitration award is generally enforceable much like a court judgment, but it still requires a formal step before Ontario's usual enforcement tools become available. Rather than an award being automatically collectible the moment the arbitrator signs it, the party holding the award generally needs to apply to the Superior Court to have it entered, or converted into a court order or judgment. Once that's done, the award can generally be enforced the same way as any other judgment, including through a writ of seizure and sale, garnishment, or an examination of the debtor about their assets.
This process exists because courts, not arbitrators, control access to the sheriff and other enforcement mechanisms, so the award needs to be brought within the court system to use them. Grounds to resist having an award entered as a judgment are narrow and generally limited to serious problems with the arbitration process itself, rather than a chance to re-argue who should have won. Because arbitration is private, this step is also often the first time the award becomes part of the public court record.
Key takeaways
- The Arbitration Act, 1991 governs private domestic arbitration awards in Ontario.
- An award generally needs to be entered as a court order before ordinary enforcement tools apply.
- Grounds to resist entry are narrow and focus on the arbitration process, not the merits.
- Once entered, an award can be enforced like any other Ontario judgment.