What assets can a creditor not seize when enforcing a judgment in Ontario?

Ontario's Execution Act provides a list of personal property that is exempt from seizure under a writ of execution. These exemptions exist to ensure that judgment debtors retain enough basic necessities to survive and continue working. The specific dollar amounts and categories are set by regulation and can change.

Exemptions generally include: household furniture, utensils, equipment, food, and clothing up to a specified cumulative value; one motor vehicle up to a specified value; tools and equipment used in the debtor's trade or occupation up to a specified value; and certain livestock, poultry, and feed used in farming.

Principal residences are not exempt in the same way — a writ of seizure and sale can register against real property. However, forced sales of a family home are rare in practice for consumer debts because of the procedural complexity, costs, and the courts' reluctance to order the sale of a principal residence unless the debt is substantial. A mortgage holder or another creditor with security in the property has priority.

Certain government benefits — such as Ontario Works and ODSP payments — are generally protected from garnishment by statute. Insurance proceeds, pension funds governed by Ontario's pension legislation, and certain registered retirement savings (within limits) may also be protected depending on the circumstances.

The exemption amounts are important — they can be higher or lower than you might expect, so ask a lawyer about the current figures before planning your enforcement strategy.