Enforcing a Court Judgment in Ontario: A Plain-Language Overview

Winning a court case feels like the hard part — but for many creditors, getting paid is the real battle. Enforcing a court judgment in Ontario requires you to take active steps after the judgment issues. The court will not collect on your behalf. You must choose and pursue the right enforcement tools.

This overview explains what judgment enforcement means, which tools are available, how to choose among them, and what to do when a debtor has nothing — or appears to have nothing.

What a Judgment Actually Gives You

A judgment is a court order confirming that the debtor (now called the judgment debtor) owes you (the judgment creditor) a specific amount of money. It includes:

• The principal amount awarded
• Pre-judgment interest (from the date the debt arose to the date of judgment)
• Post-judgment interest (which begins accruing from the date the judgment issues)
• Any costs awarded by the court

The judgment is a legal instrument. It does not move money automatically — it gives you the legal authority to use Ontario's enforcement mechanisms.

The Key Enforcement Tools

1. Notice of Garnishment

A garnishment directs a third party — most commonly a bank or an employer — to pay money they hold on behalf of the judgment debtor directly to you instead.

• Bank garnishment: targets funds in the debtor's account. You need to know which bank and branch holds the account.
• Wage garnishment: directs the debtor's employer to remit a portion of each paycheque to you. Ontario law limits how much of a person's wages can be garnished to protect a basic living amount — verify current limits with the court or a lawyer.

Garnishment is often the most direct path to recovery when you know where the debtor banks or works.

2. Writ of Seizure and Sale

A writ of seizure and sale is a court order that can be registered against the debtor's personal property or real property (land).

• Real property: Once registered in the land registry for the county or region where the debtor owns land, the writ acts as a lien. The debtor generally cannot sell or mortgage the property without satisfying the judgment. The Sheriff can also sell the property to satisfy the debt.
• Personal property: The Sheriff can seize and sell personal assets such as vehicles, equipment, or inventory. Some property is exempt from seizure under Ontario law (tools of the trade, certain household goods, etc.) — verify current exemptions.

Registering a writ is relatively inexpensive and is often a good first step even if you pursue other methods simultaneously.

3. Examination in Aid of Execution (Judgment Debtor Exam)

If you do not know where the debtor banks, works, or what assets they have, you can bring them to court to answer questions under oath. This is called an examination in aid of execution or a judgment debtor examination.

The debtor must attend, produce documents, and answer questions truthfully about:

• Employment and income
• Bank accounts and investments
• Real property
• Business interests
• Debts others owe them

The answers give you the information needed to target the right enforcement tool. Failure to attend or cooperate with this examination can result in serious consequences for the debtor.

4. Appointment of a Receiver

In more complex cases — often involving business debtors or multiple creditors — a court can appoint a receiver to take control of assets and manage their sale. This is a more expensive remedy, generally reserved for larger claims.

Choosing the Right Tool

You are not limited to one tool — you can use several simultaneously or in sequence.

When the Debtor Claims to Have No Money

Debtors sometimes claim insolvency. Before accepting that at face value:

1. Run a judgment debtor examination — people often have more assets than they admit
2. Check land registry — real property ownership is a matter of public record
3. Check corporate records — if the debtor runs a business, they may have business assets
4. Consider fraudulent conveyance — if a debtor transferred assets to a family member or related party to avoid creditors, Ontario law may allow you to set aside that transfer

If the debtor is genuinely insolvent and has filed for bankruptcy or a consumer proposal, a stay of proceedings applies and enforcement is paused. You would become an unsecured creditor in the bankruptcy. A licensed insolvency trustee administers that process.

How Long Do You Have to Enforce?

Judgments in Ontario do not last forever without maintenance. As of writing, a judgment in Small Claims Court is enforceable for a set period, and there is a process to renew it before it expires. Superior Court judgments also have enforcement timelines. Verify current timelines with your lawyer or the court, and act before deadlines pass.

Frequently asked questions