- A judgment is a legal order, not a payment — enforcement is a separate process most judgment creditors have to actively pursue.
- A writ of seizure and sale, filed with the Sheriff, allows enforcement against a debtor's real property and, in some cases, personal property.
- A notice of garnishment can capture a debtor's wages or funds held in a bank account, under Rule 60.08 of the Rules of Civil Procedure.
- An examination in aid of execution lets a creditor question the debtor under oath about their assets, income, and ability to pay.
- Post-judgment interest accrues automatically from the date of judgment, so waiting to enforce costs you money, not just time.
- For complex or evasive debtors, more powerful tools like receivership may be available, though they involve significantly more cost and complexity.
The Short Answer
Enforcing a Superior Court judgment in Ontario means using the tools set out in Rule 60 of the Rules of Civil Procedure to actually collect what you are owed — since a judgment on its own does not transfer any money. The main tools are examinations in aid of execution (to find out what the debtor has), writs of seizure and sale (against real and personal property), garnishment (against wages and bank accounts), and, for complex cases, receivership.
A Judgment Is Not a Payment
Winning a lawsuit confirms, as a matter of law, that the defendant owes you money. It does not physically move a single dollar. If the defendant — now the judgment debtor — does not pay voluntarily, you, as the judgment creditor, need to actively pursue enforcement.
The longer you wait, the more opportunity a debtor has to change jobs, close bank accounts, transfer assets, or become harder to locate. Begin enforcement promptly once it is clear voluntary payment is not coming.
Examination in Aid of Execution
Often the smartest first step, an examination in aid of execution under Rule 60.18 allows you to question the debtor under oath about their income, employment, bank accounts, property, and other assets. This helps you target enforcement efforts at what the debtor actually has, rather than guessing.
An examination is not just informational — a debtor who is evasive, inconsistent, or fails to attend can face further consequences, and the transcript itself can become useful evidence if enforcement becomes contested.
Writ of Seizure and Sale
A writ of seizure and sale is filed with the Sheriff's office in the county where the debtor's property is located. Once filed and registered, it can allow the Sheriff to seize and sell:
- Real property owned by the debtor, once registered against title
- Personal property, such as vehicles or business equipment, in appropriate circumstances
Even before a sale is pursued, registering a writ against a debtor's property can create real leverage — the debtor generally cannot sell or refinance the property without addressing the judgment first.
Garnishment: Wages and Bank Accounts
Garnishment, under Rule 60.08, involves serving a Notice of Garnishment on a third party — typically an employer or bank — who owes money to the debtor. That third party is then required to pay the garnished amount to the court instead of to the debtor.
| Garnishment Type | Target | Key Consideration |
|---|---|---|
| Wage garnishment | The debtor's employer | Limited to a portion of net wages; requires an identifiable employer |
| Bank garnishment | The debtor's financial institution | Only captures funds present in the account at the moment of service |
Receivership for Complex or Evasive Debtors
For more complex situations — such as a debtor who operates multiple business entities, appears to be hiding assets, or has significant, hard-to-reach property — a court can, in appropriate cases, appoint a receiver to take control of and manage the debtor's assets on the creditor's behalf. This is a more powerful, more expensive tool generally reserved for higher-value or more complicated enforcement situations.
What If the Debtor Is a Corporation?
Enforcing against a corporation follows the same basic tools — garnishment of corporate bank accounts, writs of seizure and sale against corporate assets — but can be more complicated where the corporation has few identifiable assets. In limited circumstances, with the right legal grounds, it may be possible to pursue individuals who improperly used the corporate structure to avoid a legitimate debt, though this requires specific legal advice and is far from automatic.
What If the Debtor Has No Assets or Files for Bankruptcy?
- No identifiable assets: An examination in aid of execution can help confirm whether this is genuinely the case, or whether the debtor has undisclosed assets or income.
- Bankruptcy filing: This generally triggers an automatic stay on most enforcement efforts. Depending on the nature of your claim, you may become an unsecured creditor in the bankruptcy process, which can significantly limit ultimate recovery.
Post-Judgment Interest Keeps Accruing
Under the Courts of Justice Act, post-judgment interest accrues automatically on the unpaid amount from the date of judgment, at rates set quarterly by the Attorney General. This is another reason delay works against the judgment creditor — every month of non-payment adds to the total owed, but it also means it is worth confirming the correct accruing total before pursuing final enforcement steps.
Realistic Enforcement Timeline
| Scenario | Realistic Timeline |
|---|---|
| Cooperative debtor, identifiable wages/bank account | Weeks to a few months |
| Debtor requires an examination first | A few months |
| Debtor owns real property (writ registered/enforced) | Several months to over a year |
| Evasive debtor or complex corporate structure | Significantly longer, sometimes indefinite |
Enforcement Tools Compared
| Tool | Best For | Limitation |
|---|---|---|
| Examination in aid of execution | Identifying assets before pursuing them | Informational only — does not itself collect money |
| Writ of seizure and sale | Debtors who own real property | Requires the debtor to actually own property |
| Wage garnishment | Debtors with steady employment | Limited to a portion of net wages; needs an identifiable employer |
| Bank garnishment | Debtors with funds on deposit | Only captures funds present at the moment of service |
| Receivership | Complex, high-value, or evasive debtors | Significantly more cost and complexity |
Common Mistakes
Delay gives debtors more time and opportunity to become harder to locate or collect from.
Pursuing garnishment or seizure against the wrong target wastes court fees and time — an examination helps aim enforcement correctly.
Enforcement under Rule 60 has specific procedural requirements — errors can result in rejected filings and further delay.
Failing to account for post-judgment interest means leaving money on the table when calculating the amount to enforce.
Have a judgment you haven't been able to collect on? Call our Toronto civil litigation lawyers at 416-274-2222 for a free consultation.
Frequently Asked Questions
No. A judgment is a court order confirming the debtor owes you money — it does not physically collect that money for you. If the debtor does not pay voluntarily, you need to pursue separate enforcement steps, such as garnishment or a writ of seizure and sale, to actually collect.
It is a formal process, under Rule 60.18 of the Rules of Civil Procedure, that allows a judgment creditor to question the debtor under oath about their income, assets, employment, and ability to pay. It is often the first step in enforcement, since it helps identify what assets are actually available to pursue.
A writ of seizure and sale is a document filed with the Sheriff in the county where the debtor's property is located, which allows the Sheriff to seize and sell the debtor's real property (and in some cases personal property) to satisfy the judgment. It is one of the most powerful enforcement tools for debtors who own real estate.
Garnishment, governed by Rule 60.08, allows a judgment creditor to serve a Notice of Garnishment on a third party who owes money to the debtor — most commonly an employer (for wages) or a bank (for account funds) — requiring that third party to pay the garnished amount to the court instead of the debtor.
No. Wage garnishment in Ontario is limited to a portion of the debtor's net wages, protecting a baseline amount for the debtor's basic needs. The exact garnishable portion depends on the applicable exemption rules at the time of enforcement.
This is a common challenge. An examination in aid of execution can help identify other available assets, such as real property, vehicles, or business interests, that may be pursued through other enforcement tools like a writ of seizure and sale.
Enforcing against an asset-less corporation can be difficult, though a debtor examination can help determine whether the corporation genuinely has no assets or whether assets have been improperly transferred. In limited circumstances, and with proper legal advice, it may be possible to pursue individuals behind the corporation, but this requires specific legal grounds and is not automatic.
A bankruptcy filing generally triggers an automatic stay that halts most ongoing enforcement efforts. Depending on the nature of your judgment and the type of bankruptcy proceeding, your claim may be treated as an unsecured claim in the bankruptcy process, potentially significantly affecting how much, if anything, you ultimately recover.
Yes. Post-judgment interest accrues automatically from the date of judgment under the Courts of Justice Act, at rates set quarterly by the Attorney General. This is one of several reasons to begin enforcement promptly rather than waiting.
It varies enormously depending on the debtor's cooperation and asset picture. A cooperative debtor with identifiable wages or a bank account can sometimes be resolved within weeks to a few months. An evasive or asset-poor debtor can take significantly longer, and in some cases, full recovery may never be achieved.
Not strictly required, but strongly advisable for Superior Court judgments, particularly for anything beyond straightforward garnishment. Enforcement involves specific procedural rules under Rule 60, and a lawyer can help identify the most effective tool for your specific debtor and asset picture.
Yes. Judgments generally must be enforced within a set period, and enforcement tools like writs of seizure and sale have their own validity periods that may need to be renewed. Waiting too long can complicate or jeopardize your ability to collect — speak with a lawyer promptly if significant time has already passed since your judgment.