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