How does a writ of seizure and sale work when enforcing a judgment in Ontario?
A writ of seizure and sale is a court document that a successful judgment creditor can file with the sheriff's office in the county or district where the judgment debtor holds real property or personal property. Once filed, the writ registers against the debtor's land in that jurisdiction and prevents the debtor from selling or mortgaging that property without dealing with the creditor's claim.
If the debtor tries to sell or refinance, the purchaser or lender's lawyer will find the writ on title, and the creditor must be paid — either from sale proceeds or from funds provided by the debtor — before the transaction can close. This makes the writ a powerful passive enforcement tool: it does not immediately force a sale but clouds the title and creates real pressure to pay.
A writ can also direct the sheriff to actually seize and sell personal property of the debtor, though this process is less commonly pursued for consumer debts because certain items are exempt under Ontario's Execution Act — such as household furniture up to specified values, tools of a trade up to a specified value, and motor vehicles up to a prescribed limit.
Writs have a six-year lifespan in Ontario and can be renewed. A judgment creditor should file the writ in every county where the debtor might own property to maximize coverage. A lawyer can assist with writ filing strategy after you obtain a judgment.
Key takeaways
- A writ of seizure and sale registers against real property and blocks sale or refinancing until paid.
- The writ can also direct the sheriff to seize personal property, subject to Execution Act exemptions.
- Writs are valid for six years and can be renewed.
- File the writ in every county where the debtor owns assets for maximum coverage.