What Happens After You Get a Court Order in Canada and How to Enforce It

Sara Santos-Vigneault
1 day ago
5 min read

Gavel on a wooden desk with a blurred judge signing documents in the background. Dim lighting creates a serious mood. — Photo by KATRIN BOLOVTSOVA

When a court issues an order such as requiring someone to pay money, return property, or follow a parenting arrangement, it is legally binding. However, it is not always followed automatically. Enforcing a court order is often necessary, and the process depends on the type of order and where you live in Canada.

Court orders in Canada must be enforced through legal procedures set out by provincial or territorial legislation.

These procedures vary by jurisdiction and depend on the type of remedy ordered. Enforcement steps typically include obtaining a certified copy of the order, service on the opposing party, and use of remedies like garnishment or seizure, as defined by relevant statutes such as Ontario’s Rules of the Small Claims Court [1], British Columbia’s Court Order Enforcement Act [4], or Alberta’s Civil Enforcement Act [6]. Links to provincial enforcement frameworks are provided below to guide readers to official sources.

What Does "Enforcing a Court Order" Mean?

Enforcement means using legal tools to compel someone to follow a court order. It may involve collecting money, retrieving property, or ensuring a person complies with obligations set by the court.

Enforcement is not automatic. Even with a valid order, you may have to initiate separate procedures to make sure it is followed.

Step-by-Step: General Enforcement Process

Get a Certified Copy of the Order
Obtain an official (certified) copy of your court order from the court registry. This may be required before taking enforcement steps.
Serve the Order
Ensure the person or organization affected by the order has been formally notified. This is called service, and it must follow the rules in your province or territory.
Wait for Voluntary Compliance
Once the order is served, the opposing party may voluntarily comply. If they do not, you can proceed with enforcement.
Choose an Enforcement Method
Common enforcement options include:
- Garnishment (collecting money from wages or bank accounts)
- Seizure and sale of assets
- Placing a lien on land or personal property
- Debtor examination
- Contempt of court proceedings for non-compliance
Consider Cross-Province or International Enforcement
If the opposing party lives in another province or outside Canada, you may need to register your judgment in the appropriate jurisdiction before it can be enforced.

Province-by-Province Enforcement Links

The enforcement process and available remedies vary widely across Canada. Each province and territory has its own statutes, procedures, exemptions, and courts involved in civil enforcement. Below is a more complete, contextual breakdown to help guide readers in different regions of the country.

Ontario

In Ontario, court orders are enforced through processes governed by the Courts of Justice Act and the Rules of the Small Claims Court or the Rules of Civil Procedure, depending on the court. Tools include garnishment (of wages or bank accounts), writs of seizure and sale (to sell property), and examination hearings.

Debtors may be required to attend an examination hearing using Form 20H and disclose financial information using Form 20I. Failure to comply may result in contempt proceedings. Orders from other Canadian jurisdictions (excluding Quebec) may be enforced under the Reciprocal Enforcement of Judgments Act.

Helpful resources

[1] Ontario Small Claims Enforcement

https://www.ontariocourts.ca/scj/areas-of-law/small-claims-court/enforcement/

[2] After Judgment – Guide to Small Claims Court (Ontario) https://www.ontario.ca/document/guide-procedures-small-claims-court/after-judgment

[3] Reciprocal Enforcement of Judgments Act, RSO 1990, c R.5 https://www.ontario.ca/laws/statute/90r05

British Columbia

British Columbia’s Court Order Enforcement Act governs civil enforcement. Creditors may apply for garnishment of wages, seizure and sale of assets, or register judgments against a debtor’s land. Debtor examinations are also available under Rule 13-1 of the Supreme Court Civil Rules.

Judgments from other Canadian jurisdictions can be enforced under the Enforcement of Canadian Judgments and Decrees Act. The province provides a practical public guide that outlines enforcement steps clearly.

Helpful resources

[4] Court Order Enforcement Act (BC)

https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96078_01

[5] Enforcing Court Orders – BC Supreme Court Guide

https://supremecourtbc.ca/sites/default/files/2023-04/Enforcing%20Court%20Orders_0.pdf

Alberta

Alberta’s enforcement is governed by the Civil Enforcement Act and administered through licensed Civil Enforcement Agencies (CEAs). Enforcement options include garnishment, seizure and sale of assets, and registration of writs.

You must file a Writ of Enforcement in the Court of King’s Bench, which permits a range of civil enforcement measures. The creditor can request seizure of personal or real property, and register liens with the Land Titles Office.

Helpful resources

[6] Civil Enforcement Act (Alberta) https://open.alberta.ca/publications/c15

[7] Guide: Getting and Enforcing Your Judgment in Alberta

https://albertacourts.ca/docs/default-source/pc/getting-and-enforcing-your-judgment-in-alberta.pdf

Saskatchewan

Saskatchewan’s Enforcement of Money Judgments Act consolidates rules for collection remedies. Creditors can apply for enforcement through the Sheriff’s Office to seize wages or personal property.

The law offers options such as debtor’s examination, judgment liens, and garnishments. There is a structured process for exemptions and court approval.

Helpful resources

[8] Enforcement of Money Judgments Act (SK)

https://pubsaskdev.blob.core.windows.net/pubsask-prod/4025/Enforcement-of-Money-Judgments-Act.pdf

[9] Saskatchewan Court Forms – Enforcement

https://www.sasklawcourts.ca/index.php/home/court-forms

Manitoba

Manitoba enforces judgments under The Executions Act. Creditors may pursue remedies such as garnishment of bank accounts or wages, writs of seizure and sale, and registration of judgments against land.

The Manitoba Sheriff’s Office executes enforcement. Some assets are exempt under provincial law, and time limits apply for registration and renewal.

Helpful resources

[10] Manitoba Justice – Civil Justice Enforcement

https://www.gov.mb.ca/justice/courts/civil/enforce.html

[11] The Executions Act (MB) https://web2.gov.mb.ca/laws/statutes/ccsm/e160e.php

Quebec

In Quebec, enforcement falls under the Code of Civil Procedure. Once a judgment is rendered, creditors can apply for seizure of property, income garnishment, or judicial sales through a court bailiff (huissier).

Enforcement is executed by judicial officers, and specific delays and formalities apply. Quebec also enforces foreign and Canadian judgments subject to proper recognition.

Helpful resources

[12] Quebec Code of Civil Procedure https://www.legisquebec.gouv.qc.ca/en/document/cs/C-25.01

[13] Ministère de la Justice du Québec – Enforcing Judgments

https://www.justice.gouv.qc.ca/en/judicial-system/civil-justice/enforcing-a-judgment/

Nova Scotia

The Judgments Enforcement Act governs how court orders are carried out in Nova Scotia. Remedies include wage garnishment, asset seizure, and liens.

Judgments can be enforced by applying to the Sheriff’s Office. The Small Claims Court and Supreme Court provide separate processes, depending on where the order originated.

Helpful resources

[14] Enforcement of Civil Judgments – Nova Scotia Courts

https://www.courts.ns.ca/small_claims/small_claims_after_judgment.htm

[15] Nova Scotia Judgments Enforcement Act

https://nslegislature.ca/sites/default/files/legc/statutes/judgments%20enforcement.pdf

New Brunswick

The Enforcement of Money Judgments Act provides tools such as seizure of assets, registration of property liens, and wage garnishment. Enforcement typically begins after obtaining a certificate of judgment.

Helpful resources

[16] After Judgment Information – Small Claims Court NB

https://www2.gnb.ca/content/gnb/en/departments/jps/supreme_court/small_claims.html

[17] Enforcement Procedure in NB https://laws.gnb.ca/en/document/cs/J-2

Newfoundland and Labrador

Enforcement in Newfoundland and Labrador is governed by the Enforcement of Judgments Act. Creditors may request garnishment or seizure of goods.

The Sheriff may be authorized by the court to act. Exemption rules apply, and written application forms are generally required.

Helpful resources

[18] Enforcement of Judgments Act (NL)

https://www.assembly.nl.ca/Legislation/sr/statutes/e10.htm

Prince Edward Island

PEI’s civil enforcement is managed through the Supreme Court of Prince Edward Island. You may apply for a writ of execution or garnishment to be carried out by the Sheriff.

Helpful resources

[19] PEI Justice and Public Safety – Civil Enforcement

https://www.princeedwardisland.ca/en/information/justice-and-public-safety/civil-court-process

[20] Supreme Court Rules – PEI https://www.princeedwardisland.ca/en/publication/rules-civil-procedure-supreme-court

Yukon

The Court Order Enforcement Act in Yukon provides authority for seizure of personal property and garnishment of wages.

Creditors must register their orders and follow prescribed steps under the territorial statute.

Helpful resources

[21] Yukon Courts – Civil Judgment Enforcement

https://yukoncourts.ca/courts/supreme/civil-matters

[22] Court Order Enforcement – Yukon Legislation

https://laws.yukon.ca/cms/images/LEGISLATION/PRINCIPAL/2002/2002-009.pdf

Northwest Territories

Court orders in the Northwest Territories can be enforced by applying to the Supreme Court for garnishment or writs of seizure and sale.

Helpful resources

[23] NWT Courts – Civil Enforcement

https://www.nwtcourts.ca/en/supreme-court/civil/

[24] Court Order Enforcement Act (NWT) https://www.justice.gov.nt.ca/en/files/legislation/court-order-enforcement/court-order-enforcement.a.pdf

Nunavut

Nunavut uses similar procedures to the Northwest Territories. Judgments may be enforced via writs of execution and garnishment proceedings filed with the Nunavut Court of Justice.