Writ of Seizure and Sale

A writ of seizure and sale is the enforcement document an Ontario court issues once a creditor holds an unpaid money judgment, authorizing the sheriff to seize and sell the debtor's property — real estate, vehicles, and other assets — to satisfy the debt. It's one of the main tools a plaintiff's lawyer uses once a judgment exists but isn't voluntarily paid.

The name is specifically Ontario's. Alberta calls its comparable instrument a writ of enforcement, created under Alberta's Civil Enforcement Act, and other provinces run their own enforcement systems with their own terminology. The underlying idea — a court-authorized claim against a debtor's property — is broadly similar across Canada, but the exact name, process, and timelines are not, so confirm the correct term for wherever your judgment is being enforced.

Why it matters to you#

Filing or registering a writ does not mean an immediate forced sale. In Ontario, the writ is filed with the sheriff's office, but the sheriff won't act on it until the creditor gives specific direction about what property to pursue. Seizing and selling real estate especially can take considerable time and additional court steps. What actually happens in practice more often is quieter: a registered writ shows up in a title search and blocks a sale or refinance until the debt is dealt with — which is frequently how these debts actually get paid, at a closing rather than an auction.

In practice#

• A judgment for $500,000 above your insurance limit, left unpaid, can lead a creditor to register a writ against your home in Ontario or your equivalent property registration in Alberta — either way, it follows the property, not just you personally.
• The writ generally has to be renewed periodically to stay valid and enforceable — it isn't a one-time filing that lasts forever automatically.
• A registered writ against real estate is commonly discovered by a lender's lawyer during a routine title search, which is why it can quietly stall a sale or refinance years after the original judgment.

See What Assets Can Be Seized in a Lawsuit in Canada? and Wage Garnishment After a Judgment in Canada for the other enforcement tools that often run alongside a writ.

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