The Ultimate Guide to Writs of Execution in Ontario

Welcome to your complete guide on the Writ of Execution. At Cabinet Sauvé Law, we believe that knowledge is the first step toward security and control. Our guiding principle is to provide our clients with Peace of Mind, and that begins with demystifying complex legal issues. This guide is designed to empower you—whether you're buying, selling, or simply protecting your property—with a clear understanding of what a writ is, how it can impact you, and what steps you can take to resolve it.

Once a creditor obtains a Writ of Execution, they don't file it against a specific house. Instead, they file it with the Sheriff's office in the jurisdiction (county or district) where the debtor may own property. For instance, if a debtor owns or might one day own property in the Barrie or Orillia area, the creditor would file the writ with the Sheriff for the County of Simcoe.

This is where the writ's true power lies. Once filed, the writ "binds" to any current or future real estate the debtor owns in that entire jurisdiction. It acts like a legal tripwire, attaching itself to the title of any property registered in that debtor's name. It remains active for a set period, which can be renewed, meaning even decades-old debts can come back to haunt a property owner.

Part 3: The Real Estate Gauntlet — How a Writ Impacts Everyone

A writ is most often discovered during the title search phase of a real estate transaction, creating a high-stakes problem that requires immediate attention.

For the Buyer: An Unexpected Red Flag

You’ve found your dream home. Your lawyer is conducting due diligence to ensure you receive a "clean title"—meaning the seller has the undisputed right to sell it to you. As part of this, your lawyer performs an "execution search" against the seller's name.

• What if a writ is found? If a writ appears, your lawyer will immediately flag it. The seller cannot legally transfer a clean title to you until that writ is dealt with.
• The "Common Name" Problem: What if the seller is named "David Kim" and the execution search finds a writ against a "David Kim" in the same jurisdiction? This is a very common issue. The seller could be a completely different person who just happens to share the name. In this case, your lawyer will require the seller to sign a Statutory Declaration—a sworn legal statement—confirming they are not the debtor named in the writ.
• If the Writ is Legitimate:  If the seller is the debtor, the deal comes to a halt. The seller's lawyer must arrange for the judgment to be paid in full from the sale proceeds (or other funds) and have the writ formally removed by the Sheriff before the closing can proceed. If this can't be done in time, the entire deal could collapse, leaving you back at square one.

For the Seller: A Ghost from the Past

For a seller, the discovery of a writ can be a shocking and stressful event. Often, the debt is from a long-forgotten issue—an old credit card that went to collections, an unpaid judgment from a business dispute, or a loan that defaulted years ago.

For the Homeowner: The Silent Encumbrance

Perhaps you aren't buying or selling. Can a writ still affect you? Absolutely. A creditor who has obtained a judgment against you can file a writ at any time. If you were unaware of the original lawsuit (perhaps a statement of claim was served improperly or you moved), a writ could be attached to your property's title without your immediate knowledge.

This creates a hidden liability. When you eventually decide to sell or refinance your home, this "silent" writ will surface, forcing you into a reactive and often stressful situation.

Part 4: A Practical Guide to Removing a Writ of Execution

If you discover a writ against you, it is a serious issue, but it is solvable. Taking methodical, informed steps is key.

1. Immediate Contact and Verification:  The first step is to contact the creditor or their legal representative who filed the writ. Your lawyer will do this to confirm the exact payout amount required, including all interest and legal costs calculated to the day.
2. Negotiation and Payment: Your lawyer can negotiate the terms of the payout and will facilitate the secure transfer of funds to the creditor’s lawyer. This is typically handled through the trust accounts of the law firms involved to ensure complete transparency and security.
3. Obtaining the "Satisfaction Piece": Once the debt is paid, the creditor is legally obligated to provide a "Satisfaction Piece." This is a formal document confirming the judgment has been fully paid. This document is crucial—it's the legal proof needed to extinguish the debt.
4. Withdrawing the Writ: The creditor’s lawyer will then take the Satisfaction Piece and other required forms to the Sheriff's office and formally request that the writ be withdrawn. The Sheriff will update their records, and only then is the writ officially removed.
5. Confirmation of Removal: Your lawyer will perform another execution search to confirm that the writ no longer appears against your name, ensuring your property's title is finally clear.



This process involves multiple parties and strict legal procedures. Attempting to navigate it alone, especially under the pressure of a closing date, is fraught with risk.

The Cabinet Sauvé Law Advantage: Your Partner in a Crisis

While the steps to remove a writ may seem straightforward, the reality is often messy. You may be dealing with creditors who are difficult to locate, legal representatives who are slow to respond, or disputes over the final payout amount. All of this is happening while the clock on your real estate transaction is ticking.

This is where having an experienced legal team is not a luxury—it’s a necessity. At Cabinet Sauvé Law, our expertise extends across both Real Estate Law and Litigation. This dual proficiency makes us uniquely equipped to handle the complexities of Writs of Execution.

• We don’t just identify the problem; we proactively solve it. We immediately engage with the creditor’s counsel to negotiate and confirm terms.
• We manage the secure flow of funds and the intricate legal paperwork required to satisfy the debt and remove the writ.
• We serve our clients across Ontario from our offices in Ottawa, Rockland, and Barrie, offering services in both English and French, and providing the flexibility of remote or in-person consultations to meet your needs.



We handle the legal heavy lifting, the meticulous follow-up, and the complex negotiations. We sweat the details so you don't have to. Our goal is to absorb the pressure and provide you with the clarity and confidence that defines true Peace of Mind.