If an Ontario business refuses to pay a court judgment, you can issue a Writ of Seizure and Sale. This allows the local enforcement office (the Sheriff) to physically seize and auction the debtor’s corporate assets. The Superior Court filing fee to issue the writ is $75 CAD as of May 2026.
Obtaining a favorable judgment in commercial litigation feels like the end of the road, but it is often just the beginning of the collection phase. When a corporate debtor stubbornly refuses to write a cheque, the Ontario legal system does not automatically transfer funds to your account. You must take proactive, aggressive steps to legally force payment.
Whether the debtor is a construction company in Brampton with a fleet of trucks, or a retail store in Hamilton with shelves full of inventory, you have the right to liquidate their assets. 📍 A Writ of Seizure and Sale is the ultimate weapon for unpaid creditors. Because coordinating with local law enforcement is highly technical, we recommend retaining an experienced business lawyer from our directory to manage the seizure process.
Step-by-Step Process in Ontario for Asset Seizure
You cannot simply hire a private repo company to break into a business and take their computers. The process must be strictly facilitated through the Ministry of the Attorney General and the local Enforcement Office.
Step 1: Request the Writ from the Court
Once your judgment is finalized by the Superior Court of Justice, your lawyer will draft a formal Writ of Seizure and Sale. 🗂 This document is submitted to the court registrar, who signs and seals it. It acts as an official warrant, proving you have the legal right to target the debtor’s property.
Step 2: File with the Local Enforcement Office (Sheriff)
The writ must be filed with the specific Enforcement Office in the Ontario county or municipality where the assets are physically located. For example, if the debtor’s warehouse is in Mississauga, you must file the writ with the Peel Region Enforcement Office. Filing it binds the debtor’s assets, meaning they cannot legally sell their real estate without paying you first.
Step 3: Provide Direction to Enforce
The Sheriff will not play detective. You must provide a formal “Direction to Enforce” letter. 🔍 This letter gives the Sheriff the exact address of the assets, a description of the property (like the VIN numbers of commercial vans, or a list of specific heavy machinery), and instructions to proceed with the seizure.
Step 4: Seizure and Public Auction
The Sheriff, sometimes accompanied by local police to keep the peace, will attend the business and seize the assets. The goods are usually towed or placed in secure storage. The Sheriff will then advertise a public auction. Once the goods are sold, the Sheriff deducts their storage and administrative fees, and the remaining proceeds are distributed to you (and any other registered creditors).
How Much Does it Cost in Ontario?
Using the Sheriff is highly effective, but it requires upfront capital. Creditors must fund the seizure process out of pocket, though these costs are later added to the debtor’s total bill. 💰 As of May 2026, expect these typical CAD costs:
- Court Filing Fee: $75 CAD to officially issue the Writ at the Superior Court.
- Sheriff Filing Fee: Approximately $60 CAD to file the writ in a specific local jurisdiction.
- Sheriff Enforcement Deposit: You must pay an upfront deposit to cover the Sheriff’s estimated costs for towing, locksmiths, and secure storage. This easily ranges from $500 to $3,000+ CAD depending on the size of the seizure.
- Lawyer Fees: Managing the asset search and drafting directions for the Sheriff usually costs between $1,500 and $4,000 CAD.
| Asset Targeted | Estimated Upfront Deposit (CAD) | Complexity Level |
|---|---|---|
| Corporate Bank Account (Garnishment) | $0 (Different Process) | Low |
| Commercial Vehicles / Trucks | $1,000 – $2,500 | Medium |
| Retail Inventory / Machinery | $2,000 – $5,000+ | High (Requires movers/storage) |
How Long Does the Process Take?
Patience is mandatory when relying on the government to seize property. 🕑 Filing the writ takes only a few days, but the actual seizure can take 4 to 8 weeks depending on the Sheriff’s backlog in that specific Ontario city.
If you are trying to force the sale of commercial real estate owned by the business, the timeline is strictly regulated. Under Ontario law, the Sheriff cannot sell seized land until the writ has been filed for at least six (6) months, giving the debtor a massive window to refinance or declare bankruptcy.
Frequently Asked Questions (FAQ)
Can the Sheriff seize leased equipment?
No. The Sheriff can only seize assets that are legally owned by the debtor corporation outright. If the company’s delivery vans or photocopiers are leased, or have a registered lien against them by a bank, those assets are generally protected from your seizure.
What happens if the Sheriff auctions the goods for less than my judgment?
Public auctions often yield wholesale prices. If the proceeds do not cover your full judgment amount, the remaining balance is still legally owed to you. You can continue to pursue other assets, like garnishing their accounts receivable.
Can I seize the personal house of the corporation’s owner?
Generally, no. A corporation is a separate legal entity. Unless the owner signed a personal guarantee for the debt, or you successfully sued the owner personally by piercing the corporate veil, their personal home is safe from a corporate writ.
Does my writ expire?
A Writ of Seizure and Sale in Ontario generally remains valid for six years from the date it is issued. However, you can easily renew it through the court before it expires to keep the pressure on the debtor.
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