How long is a court judgment valid for enforcement purposes in Ontario?
In Ontario, there is no limitation period on enforcing a court judgment — the judgment itself does not expire (Limitations Act, 2002, s. 16 (1) (b)). The enforcement tools themselves, though, run on their own clocks under the Limitations Act, 2002 framework and the court rules, and those need attention.
One narrow exception: a fresh action on the judgment — a new lawsuit to obtain a new judgment based on the old one — is treated as an ordinary claim with the basic two-year limitation period. Ordinary enforcement steps such as garnishment, writs, and examinations in aid of execution face no limitation period at all. In practice, many enforcement steps — like filing a writ of seizure and sale — have their own renewal periods that keep the enforcement alive.
Writs of seizure and sale, for instance, are valid for six years and can be renewed before they expire. Best practice is still to enforce early and actively — evidence goes stale and assets move — even though the judgment itself does not expire.
If the debtor does not pay and cannot currently pay, options include holding the writ on title (waiting until they sell or refinance), examining them periodically to monitor their financial position, and garnishing income or bank accounts when funds appear. Doing nothing for extended periods risks both the limitation argument and the practical loss of the debtor's assets.
Talk to a lawyer about creating an enforcement plan that keeps your judgment active and positions you to collect when the debtor is able to pay.
Key takeaways
- An Ontario judgment does not expire — no limitation period applies to enforcing it (s. 16 (1) (b)).
- No limitation period applies to enforcement (s. 16 (1) (b)) — but writs need renewal every six years, so stay active.
- Writs of seizure and sale last six years and must be renewed before expiry.
- Do not wait passively — maintain active enforcement steps to keep your rights alive.