Winning a cost award in Ontario family court is only half the battle; collecting it is up to you. To enforce an order for costs, your lawyer can obtain a Writ of Seizure and Sale from the Superior Court of Justice, allowing you to legally garnish your ex’s wages or place a lien on their real estate.
After a grueling, emotional trial over parenting time or property division, receiving a favorable judgment from the judge is a massive relief. To make things even better, the judge may order your ex to pay a portion of your lawyer’s fees. This is known as an “order for costs.” But what happens when the deadline passes and your ex stubbornly refuses to write the cheque?
Unlike child support or spousal support, which are automatically enforced by the government’s Family Responsibility Office (FRO), an award for legal costs is treated like a standard civil debt. 📍 Whether your ex lives in London, Vaughan, Toronto, or Thunder Bay, the provincial government will not collect this money for you. You must take proactive legal steps through the Superior Court of Justice to force them to pay. Understanding how to seize their assets is vital to recovering your hard-earned money.
Step-by-Step Process for Enforcing a Cost Award in Ontario
Turning a piece of paper signed by a judge into actual cash in your bank account requires navigating the provincial enforcement rules. Here is how you and your law firm can legally chase the debt.
Step 1: Obtain the Formal Signed Order
A judge’s handwritten endorsement or spoken decision in the courtroom is not enough to seize assets. 📝 Your lawyer must draft the formal Court Order, have it approved by the opposing side (or the court clerk), and get it officially signed and entered by the Superior Court of Justice registrar. This formal document proves the debt exists.
Step 2: Conduct a Financial Investigation
Before you can seize assets, you need to know where they are. If you just finished a family law trial, you likely already have your ex’s financial disclosure. You need to identify their current employer, the exact branch where they bank, or the address of any real estate they own in Ontario.
Step 3: Request a Writ of Seizure and Sale
Your lawyer will apply to the court for a “Writ of Seizure and Sale.” 💳 This is a powerful, official document issued by the court directing civil enforcement authorities to act on your behalf. There are different types of Writs-some target land and real estate, while others target personal property, bank accounts, or wages.
Step 4: File the Writ with the Sheriff
Once the court issues the Writ, it must be filed with the local enforcement office (commonly referred to as the Sheriff’s Office) in the specific jurisdiction where your ex’s assets are located. 👮 For example, if your ex owns a cottage in Muskoka, the Writ of Seizure and Sale of Land must be filed in that specific geographic region.
Step 5: Execute the Garnishment or Lien
With the Writ in place, you can file a Notice of Garnishment with their employer to siphon a percentage of their paycheque directly to you. If you filed against their land, a lien is placed on the property. They will not be able to sell or refinance their house without paying off your cost award first, complete with accumulated interest.
How Much Does it Cost in Ontario?
Enforcing a judgment requires spending a little money upfront to recover a larger sum. You can usually add these enforcement expenses to the total debt your ex owes.
- Court Issuance Fees: Getting the Superior Court of Justice to issue a Writ or a Notice of Garnishment generally involves a filing fee of roughly $78 to $150 CAD, depending on the specific document.
- Sheriff’s Fees: The enforcement office charges administrative fees to file the writ and serve the garnishment. They may also take a small percentage of the funds they successfully collect.
- Lawyer Fees: If you hire a law firm to handle the complex enforcement paperwork, expect to pay between $1,000 and $2,500 CAD, depending on how aggressively your ex tries to hide their assets.
| Enforcement Method | Best Used When… | Level of Immediate Success |
|---|---|---|
| Wage Garnishment | Your ex has a stable, salaried job at a known company. | High. Money starts flowing within a few weeks. |
| Bank Account Seizure | You know their exact bank branch and they keep cash on hand. | Medium. If the account is empty that day, it fails. |
| Writ on Real Estate (Lien) | They own a home or cottage in Ontario. | Slow. You only get paid when they sell or refinance. |
How Long Does the Process Take?
The timeline for getting paid depends heavily on the method you choose. Once your lawyer requests a Writ, the court usually issues it within 2 to 4 weeks. If you garnish wages, it may take another 30 days before the employer processes the first payment. However, if you place a lien on real estate, you might be waiting years until the property is eventually sold-though the debt accumulates post-judgment interest the entire time.
Frequently Asked Questions (FAQ)
Can the Family Responsibility Office (FRO) collect my cost award?
No. The FRO only enforces ongoing child support and spousal support payments. They do not collect lump-sum cost awards for legal fees. You must use civil enforcement methods to collect costs.
Does an order for costs expire in Ontario?
A court judgment does not easily disappear. However, a Writ of Seizure and Sale generally needs to be renewed every six years. If you sit on your rights and do nothing for years, enforcement becomes legally complicated.
What happens if my ex declares bankruptcy to avoid paying?
This is a major risk. Unlike child support, which survives bankruptcy, an award for legal costs is an unsecured civil debt and can be wiped out if your ex formally declares bankruptcy or files a Consumer Proposal. Act quickly to secure your money.
Can I garnish their Canada Pension Plan (CPP) or ODSP?
Generally, no. Social assistance programs like Ontario Disability Support Program (ODSP) and federal pensions are heavily protected by law and cannot usually be garnished to pay a civil legal costs debt.
Does my cost award earn interest while I wait?
Yes. Under the Courts of Justice Act, unpaid judgments automatically accrue post-judgment interest at a set provincial rate. The longer your ex waits to pay, the more they will ultimately owe you.
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