How do I enforce a judgment against a partnership in Ontario?

Enforcing a judgment against a partnership in Ontario involves both the partnership as an entity and, in most cases, the individual partners personally. Under the Ontario Partnerships Act, partners in a general partnership are jointly and severally liable for the debts and obligations of the partnership. This means that once you have a judgment against the partnership, you can pursue enforcement against any of the individual general partners personally — you are not limited to pursuing only the partnership's assets.

This is a significant difference from a corporation, where the corporate veil generally protects shareholders. A general partner has unlimited personal liability for partnership debts. Limited partners in a limited partnership, by contrast, are generally not personally liable beyond their investment, provided they have not participated in management of the business.

When your judgment names the partnership, you can enforce against partnership assets — bank accounts, property held in the partnership name, receivables owed to the partnership. You can also, once you establish a partner's personal liability (which in a general partnership flows from the judgment against the partnership), proceed against their personal assets through garnishment and writs.

If you are suing a partnership and have not yet named individual partners in your claim, doing so before judgment is obtained is advisable — it provides a cleaner basis for pursuing personal enforcement later. A lawyer can advise on the proper parties to name and the enforcement strategy.