Legal Question in Personal Injury in Canada

Re: Prescription Law - Canada

Typically, when people are sued for personal injury, their insurance companies respond to the claim. I take it your boyfriend did not have a policy in place at the time?

In any event, there are various ways to enforce a judgment, depending on whether your boyfriend has the following: money, assets that can be seized and sold, or a debt owed to him by someone else (e.g. bank account, employment income) that can be garnished. Judgment collection is done by having outside tracers locate bank accounts, employment traces, searches at the credit bureau, enforcement office, land registry office, and/or court offices. These are used in conjunction with subsequent garnishments to recover money.

Even if your boyfriend does not have money now, the plaintiff may be able to collect on the judgment in the future. Ontario does not have a limitation period for enforcing domestic judgments, however, the post-judgment enforcement remedy of filing a writ of seizure and sale provides that the writ is valid for 6 years from the date it is issued, subject to renewal, which is the responsibility of the creditor. Also, there are ways to renew an expired writ.

When the judgment debtor has been located, enforcement procedures include: wage garnishments, bank account seizure, liens or seizure of personal property and more. If your boyfriend is listed on title of the home you currently live in, his interest in the home would be an asset they can go after. Hope this helps!