How Long Does a Court Judgment Last in Ontario — and How Do You Renew It?

Many judgment creditors make the same mistake: they obtain a judgment, discover the debtor has no money right now, and set the matter aside — sometimes for years. Then, when the debtor's situation changes and the time comes to enforce, they discover the judgment has expired or the enforcement window has narrowed significantly.

Understanding how long a court judgment lasts in Ontario and how to renew it before it expires protects your right to collect and preserves your priority against other creditors.

Judgments Are Not Permanent

In Ontario, a civil judgment does not remain enforceable indefinitely. There are two distinct timelines you need to track:

1. The lifespan of enforcement tools — writs of seizure and sale have their own expiry dates
2. The limitation period for enforcing the judgment itself — after a certain point, a debtor can argue that too much time has passed to enforce

These two timelines can operate somewhat independently, and confusion between them is common. Both matter, and both require active management.

The Limitation Period for Judgments

Under Ontario's Limitations Act, a judgment is itself a cause of action — a legal right you can enforce. As of writing, Ontario's basic limitation period is two years from when the right to bring the action was discovered. For judgments, the clock typically starts running from the date the judgment was issued.

However, Ontario courts have also recognized that partial payments, acknowledgments of the debt in writing, or other debtor conduct can restart or extend the limitation period. If you are approaching the two-year mark without having collected, speak with a lawyer immediately.

Additionally, you can renew a judgment by taking a new legal step before the period expires — for example, by commencing a new action on the judgment itself (sometimes called "suing on the judgment"). This is a formal process, not just a letter or reminder. The result is a fresh judgment with a new limitation period.

Important: Limitation rules for judgments have nuances and the law in this area has evolved. Verify current rules with a litigation lawyer before assuming any particular deadline applies to your judgment.

Writs of Seizure and Sale: The Six-Year Lifespan

When you register a writ of seizure and sale — whether against land or personal property — that writ has a lifespan. As of writing, writs of seizure and sale in Ontario are valid for six years from the date of issue and can be renewed before they expire.

Renewal of a writ typically involves filing a renewal with the applicable court or enforcement office and paying a renewal fee. A renewed writ carries a fresh six-year period. The process must be completed before the writ expires — a lapsed writ cannot simply be reinstated.

If your writ registered against real property expires, it no longer shows up on title searches. A debtor who could not sell their home while your writ was in place suddenly regains that ability. You lose your priority over other creditors. This is a significant practical loss.

Verify current renewal periods and procedures with the court or your lawyer — the specific rules depend on whether you are in Small Claims Court or Superior Court.

Post-Judgment Interest: A Running Clock in Your Favour

One benefit of holding a judgment over time is that post-judgment interest continues to accrue on the unpaid amount. Ontario courts set post-judgment interest rates periodically. As of writing, the rate is set and published by the court — verify the current rate. This means a debtor who waits years to pay will owe more than the original judgment amount.

Interest accrues automatically once a judgment issues; you do not need a separate order. When the debtor eventually pays, or when you enforce, you are entitled to the original judgment amount plus all accrued post-judgment interest.

Practical Strategies for Long-Term Judgment Holders

If you are holding an uncollected judgment, here is a practical framework:

Keep the Writ Alive

Register a writ against any known real property and renew it before expiry. This maintains your lien position on the property and preserves priority.

Monitor the Debtor's Financial Situation

A debtor who was insolvent five years ago may now own property, have employment, or have received an inheritance. Periodic judgment debtor examinations or informal monitoring can reveal changed circumstances.

Watch for Public Records

Land registry is publicly searchable. If a debtor acquires real property, a writ already filed in that county attaches automatically. Keep your enforcement infrastructure in place.

Document Acknowledgments

If the debtor ever calls, emails, or writes to acknowledge the debt — even informally — preserve that communication. It may restart the limitation period.

Act Before the Limitation Expires

If you are approaching the two-year mark from the judgment date without having collected, consult a lawyer about renewing the judgment or commencing a fresh action. Do not assume you have more time than you do.

Frequently asked questions