A customer in Ontario won't pay my invoices — how do I sue and actually collect?
Suing is the easy half: enforcement through garnishment, writs of seizure and sale, and examinations in aid of execution is what converts an Ontario judgment into money.
Unpaid invoices under $35,000 belong in Small Claims Court; larger claims go to the Superior Court, with the simplified procedure applying up to $200,000. A demand letter that sets out the account, the contractual interest rate and a firm deadline resolves a meaningful share of files before any filing fee is spent.
Once you have judgment, enforcement is a separate exercise. A notice of garnishment can attach bank accounts and receivables, a writ of seizure and sale filed with the Sheriff binds land in that county, and an examination in aid of execution compels the debtor to disclose assets and income under oath.
Collectability should be assessed before the claim is issued. A judgment against a shell corporation with no assets is an expensive piece of paper.
Source: Courts of Justice Act, R.S.O. 1990, c. C.43 · Rules of Civil Procedure, rr. 60, 76
This work is handled by Arjun Vishwanth (Civil litigation). Read more about civil litigation at VK Law Group, or send us the facts and we will tell you where you stand.
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