How do I enforce a settlement agreement if the other side does not pay in Ontario?

If the other side fails to honour a settlement they agreed to in Ontario, you have several options. The most straightforward depends on how the settlement was documented. If the settlement was incorporated into a court order, you can enforce it using the court's enforcement tools — such as a writ of execution, garnishment of wages or bank accounts, or examination of the debtor.

If the settlement was recorded only as a private contract (minutes of settlement or a settlement agreement without a court order), you would generally need to start a new lawsuit for breach of the settlement agreement, or in some cases you can bring a motion to have the court enforce the original settlement terms. Courts take settled litigation seriously and often allow parties to bring a motion to enforce rather than requiring a full new action.

In practice, when a settlement involves a payment of money, it is wise to have the terms placed on the court record or to obtain a consent judgment at the time of settlement, so that enforcement tools are immediately available without a second lawsuit. Speak with a lawyer about the best way to structure your settlement documents to make future enforcement straightforward if needed.