How to Enforce a Court Order in GTA Civil Cases
Apr, 2025
Receiving a court judgment in your favour is only part of the battle. The real challenge often begins when the losing party refuses to comply. Whether the order involves the payment of money, the return of property, or another obligation, enforcing a court order in Ontario civil cases can be complicated and time-consuming.
At Rashidy & Associates, our litigation team helps clients across the Greater Toronto Area enforce court judgments efficiently and lawfully. Mohamed El Rashidy, litigation lawyer from our Toronto office, explains, “Winning in court is only half the story. The other half is getting the result you were awarded—and we know how to navigate the legal tools to make that happen.”
Understanding the Enforcement Process for Civil Judgments
Once a court has issued a civil judgment, the party ordered to comply becomes legally obligated to follow through. This could involve paying a debt, vacating a property, or ceasing a particular activity. However, when that party fails to act, enforcement becomes necessary.
In Ontario, enforcement falls under Rules 60 and 60.07 of the Rules of Civil Procedure. The process generally begins with:
- Obtaining a Certificate of Judgment
- Identifying the debtor’s assets (bank accounts, wages, property, etc.)
- Choosing the right enforcement method, such as garnishment or writs of seizure and sale
“Many clients come to us feeling defeated,” says Mohamed El Rashidy. “They’ve won in court but haven’t seen a dime or any action. That’s when we step in and help turn a legal win into real-world results.”
Key Methods for Enforcing a Court Order in Ontario
The method used to enforce a civil order depends on the nature of the judgment. Some of the most common enforcement tools in Ontario include:
- Garnishment of Wages or Bank Accounts
A Garnishment Order directs a third party—such as an employer or financial institution—to remit funds directly to the creditor from the debtor’s wages or accounts.
- Writ of Seizure and Sale
This allows a sheriff to seize and sell the debtor’s personal or real property (like a vehicle or home) to satisfy the court order.
- Writ of Possession
If the court order involves recovering possession of property or evicting a tenant, a writ of possession enables the sheriff to carry out the removal.
- Examination in Aid of Execution
This allows you to question the debtor under oath about their assets and ability to pay, offering key information that can guide further enforcement efforts.
Legal action can feel intimidating, especially if you’re unfamiliar with the system. At Rashidy & Associates, we ensure you’re supported at every step. And because our firm is trilingual—serving clients in Arabic, French, and English—we remove language as a barrier to justice.
Seizure by Garnishment: Effective Enforcement Tools
Garnishment is one of the most direct and effective enforcement methods in civil litigation. To start, you must file a Notice of Garnishment with the court and deliver it to the garnishee (often an employer or bank).
However, this tool comes with strict procedural requirements, including:
- Ensuring proper service on all parties involved
- Filing a Garnishee’s Statement within 10 days
- Respecting statutory exemptions (such as the portion of wages protected under law)
Errors in this process can lead to delays or even dismissal of the garnishment. That’s why representation from an experienced civil litigation lawyer in Toronto is so critical.
“We’ve seen garnishments thrown out because of technical mistakes,” says Mohamed El Rashidy. “We help our clients avoid those pitfalls and maximize their chance of recovery.”
Legal Steps to Take for Contempt of Court in a Civil Case
In more severe situations—such as when someone willfully disobeys a clear court order—the non-compliant party may be found in contempt of court.
This is a serious matter. A contempt finding can result in:
- Fines
- Court-ordered compliance
- In extreme cases, imprisonment
To succeed in a contempt motion, you must prove:
- A clear and valid court order existed
- The person knew about the order
- They deliberately chose not to comply
Contempt proceedings are high-stakes and complex. At Rashidy & Associates, we prepare these cases with care, balancing the need for results with the importance of fairness and compliance with court procedure.
Why Cultural Awareness Matters in Civil Litigation
In civil enforcement, as in other legal areas, cultural misunderstandings can lead to delays or even adverse judgments. For example, some newcomers may genuinely misunderstand the terms of a judgment or the consequences of non-compliance due to language gaps or different legal systems in their home countries.
At Rashidy & Associates, we understand that legal success depends not only on facts but also on clear communication and cultural context. As a law firm rooted in Toronto’s diverse communities, we are proud to offer services in Arabic, French, and English—making it easier for clients to feel heard, respected, and represented.
Mohamed El Rashidy, who speaks both Arabic and French, explains: “When we work with clients from Arabic-speaking backgrounds, there’s an added level of trust. They know we don’t just speak the language—we understand where they’re coming from.”