Methods for Enforcing Civil Judgments in Ontario

more+
less-

Abstract:

Obtaining a judgment against a defendant in a subrogated action may often be only the first step in a long process - obtaining a judgment is no guarantee of obtaining payment. When a court issues a judgment, it is not concerned with whether the unsuccessful party will ever actually pay the amount. It is up to the subrogating insurer, being the nominal plaintiff, to take this initiative. This situation is the same in cases where a criminal court orders that a defendant pay restitution, and the order is later converted to a civil judgment.

Nonetheless, Ontario's civil court system does provide the successful insurer (the "judgment creditor") with mechanisms to assist in collecting payment from the unsuccessful defendant (the "judgment debtor"). The two most common mechanisms for this purpose are (1) a writ of seizure and sale, and (2) a garnishment of debts, such as wages, owing to the debtor. In practice, however, these mechanisms can become quite complicated and are often inefficient. This article canvasses the advantages and limits of these enforcement mechanisms.

Keywords: enforcement, civil, judgment, writ, seizure, sale, garnishment, debts, liability, subrogation, litigation, action

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Procedure Updates, Civil Remedies Updates, General Business Updates, Insurance Updates, Products Liability Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Pamela Pengelley, Cozen O'Connor | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »