What is a writ of seizure and sale and how does it help me collect a judgment in Ontario?
A writ of seizure and sale is an enforcement tool in Ontario that authorizes the sheriff to seize and sell the judgment debtor's real or personal property to satisfy a court judgment. Once issued by the court and filed with the sheriff's office in the county or district where the debtor's property is located, it becomes a lien against property and creates public notice of the outstanding judgment.
For real property, a writ of seizure and sale registered in the land registry system puts all prospective buyers and lenders on notice that there is an unsatisfied judgment. The debtor cannot sell or mortgage their Ontario real property without first dealing with the writ — in most cases, the judgment is paid out of the sale proceeds before the seller receives the balance.
For personal property (vehicles, equipment, valuable goods), the sheriff can seize and sell items, though exemptions protect certain essential personal property. In practice, real property enforcement through writs is more common and more reliable because personal property is harder to locate and may depreciate quickly.
Filing a writ is a relatively low-cost step for a judgment creditor and can be a powerful passive enforcement strategy — even if you cannot actively pursue the debtor today, the writ sits on title until it is paid or expires, catching the debtor if they ever sell their property.
Key takeaways
- A writ of seizure and sale authorizes the sheriff to seize and sell the debtor's property.
- It creates a lien against Ontario real property and prevents sale without satisfying the debt.
- Personal property can also be seized, but exemptions and practicality limit this.
- Filing a writ is a cost-effective passive enforcement strategy for judgment creditors.