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Corporate

Can a secured lender seize a corporation's equipment without going to court in Ontario?

TSL Written by the Treadstone Law team· Updated August 2026

In many cases, yes. Ontario's Personal Property Security Act generally allows a secured lender to exercise a self-help remedy and take possession of collateral after default without first obtaining a court order, provided it can do so without breaching the peace — for example, where the corporation cooperates or the equipment can be accessed without confrontation or forcing entry against opposition.

Where seizure would require entering premises against resistance, dealing with a corporation that's actively contesting the lender's right to the collateral, or handling more complex circumstances such as a broader business wind-down, lenders typically seek a court order instead, often to have a receiver appointed to take control of the assets and, in many cases, the broader business in a more orderly and legally protected way. Whether self-help seizure is appropriate in a given situation depends heavily on the specific facts, the type of collateral, and how cooperative the corporation is. Because acting without proper authority or in a way that breaches the peace can expose a lender to liability, this is an area where lenders typically get legal advice before acting rather than assuming self-help is always available.

Key takeaways

  • Self-help seizure without a court order is generally available if it doesn't breach the peace
  • Contested or complex situations often call for a court order instead
  • Appointing a receiver is a common court-supervised alternative to direct seizure
  • Get legal advice before acting, since the right approach depends on the specific facts
This is general information, not legal advice. It doesn’t create a lawyer–client relationship, and the rules can change. For advice on your situation, a Treadstone corporate lawyer can help.
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