How to Enforce a Small Claims Court Judgment in Ontario

Enforcing a judgment from Small Claims Court or from a tribunal in Ontario, such as an order from the Landlord and Tenant Board or Ontario Labour Board isn't automatic. 

If the debtor won't pay, you must enforce the judgment yourself. 

Basics

• Writ of Seizure and Sale: A legal tool allowing seizure and sale of debtor's property (personal goods or real estate).

• "Sale of land" means houses, commercial buildings, or land itself—not movable personal property.

• Personal Property: Cars, jewelry, equipment (needs special Writ to seize)- movable property.

Before spending money on enforcement, you must investigate if the debtor has assets.

If you KNOW the debtor owns land, vehicles, etc., File a Writ of Seizure and Sale

If you DON'T KNOW what the debtor owns, File a Notice of Examination first

How to Investigate Before Enforcement:

• Land Title Search (~$50–$100)

• Vehicle Ownership Search (~$20–40)

• Social Media & Public Record Checks (free)

• Private Investigator (optional, varies)

If no assets are found: Schedule an Examination Hearing to compel the debtor to reveal assets, income, and property. 

Step 1: Get a Certificate of Judgment

You need the CERTIFIED order or judgment from a tribunal or board or court to get this Certificate of Judgment.

Action:

• Use Form 20P (Affidavit for Enforcement Request).

• Clerk issues Form 20A (Certificate of Judgment).

Costs:

• Court fee:$40

• Paralegal cost:$200

Timeline:

• 1–3 business days

• If the debtor pays → Stop enforcement.

• If the debtor doesn't pay → Proceed to Step 2.

Step 2: Choose Your Enforcement Method

Options:

1. Writ of Seizure and Sale if you found they have Personal Property.

2. Writ of Seizure and Sale if you found they have Land.

3. Garnishment if you know they are paid wages or receive deposits in bank accounts.

4. Examination Hearing if you know nothing about them and require them to disclosure of assets.

• When disclosure shows there are assets, Issue a writ.

• Where disclosure shows employment or bank deposits, request garnishment.

Step 3A: Writ of Seizure and Sale of Land

• Request Form 20D and file it with with the Sheriff's Office.

• Court fee: $70

• Sheriff fee: $110

• Paralegal fees: $500

• 2–4 weeks to process.

If Land is sold/refinanced? then payment secured.

If there is No equity in land then garnishment or Examination Hearing to disclose.

Step 3B: Writ of Seizure and Sale of Personal Property

• Request Form 20C. The Bailiff enforces it.

• Court fee: $70

• Bailiff fee: $300–$1,000+

• 1–2 months

• Property is seized & sold and you collect proceeds.

• If there are no assets, then try garnishment.

• Step 3C: Garnishment

• File Notice of Garnishment (Form 20E).

• Court fee:$140

• Paralegal fees: ~$300–$500

• 2–4 weeks

If the employer or bank pays,  then you collect.

If the Debtor quits job/empties bank then another Examination Hearing is required.

Step 4: Examination Hearing

Action:

• Request Notice of Examination (Form 20H).

• Court fee: $30

• Paralegal fee: $400

• 3–8 weeks

If the Debtor attends & reveals assets, then Enforce via Writ or Garnishment.

If the Debtor refuses to attend, book a motion for a Contempt hearing which may result in a Jail order.

Sheriff/Bailiff Commissions on sales apply (5–10%).

• Still no luck? Wait, monitor, renew writ every 6 years.

• If you know (or strongly suspect) debtor owns land ➔ Immediately file a Writ of Seizure and Sale of Land.
  Because it acts like a lien — debtor cannot sell, mortgage, refinance without paying you.
  
  

• If you don't know what they own ➔ Examination first.
  No point paying for a Writ if debtor rents an apartment, owns no car, and is unemployed.
  
  

Why the law allows Writs to be renewed but not other enforcement methods?

A Writ is a long-term lien that attaches to land or goods.

• It's a notice to the world that someone has a claim.
  
  

• It stays for 6 years and can be renewed for another 6, over and over.
  
  

• Garnishment, examination hearings, and other actions are short-term:
  They are only to extract specific information or payments at a point in time — not permanent claims like a Writ.

Before you file or enforce anything, it is smart to check if the debtor already has Writs filed against them.

1. Sheriff's Office Writ Search

• Go to the Superior Court of Justice courthouse in the debtor's area.

• Request a Writ of Execution Search.

Cost: $8–$12 per name per region.

Tip: If debtor moved between cities, search each region separately.

2. Teraview Land Writ Search

• Ontario’s electronic land registry system (Teraview) shows if a Writ is registered against real estate.

• Search based on the name of the debtor.

Cost: $50–75 per search.

Tip: Good if you know where debtor owns land.

3. Private Title Searcher

• Hire a private title searcher or paralegal.

• They can combine sheriff searches and land title searches into one full report.

Cost: $100–250.

Tip: Best for thorough or complicated searches.

• Spelling matters! Must search exact legal name.

• Variations matter. ("John Smith" vs. "John D. Smith").

• Search multiple areas if debtor moved around.