How long is a court judgment valid for enforcement purposes in Ontario?
In Ontario, a court judgment is generally valid as a basis for enforcement for twenty years. However, the practical interaction with the limitation periods under the Limitations Act, 2002 requires careful attention.
The Limitations Act, 2002 established a basic two-year limitation period for starting a proceeding to enforce a judgment. If you have a judgment and take no enforcement steps for two years, a court might consider whether the right to enforce is limitation-barred. 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. Courts have shown flexibility on the question of judgment enforcement and limitation periods, and the law continues to evolve, but best practice is to take active enforcement steps regularly rather than waiting for the debtor's financial situation to improve.
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
- Ontario judgments are typically good for enforcement for twenty years.
- The two-year limitation period under the Limitations Act interacts with enforcement rights — take regular steps.
- 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.