We provide advice and representation concerning:

• Commercial and personal debt collection;

• Mortgage enforcement and power of sale proceedings;

• Foreclosure and judicial sale proceedings;

• Enforcement of promissory notes, guarantees, and indemnities;

• PPSA security enforcement and collateral recovery;

• Garnishment of bank accounts, wages, and accounts receivable;

• Writs of seizure and sale against land or personal property;

• Examinations in aid of execution;

• Receivership applications and related proceedings;

• Creditor participation in bankruptcy and restructuring proceedings;

• Competing security interests and priority disputes;

• Repair and storage lien issues;

• Fraudulent transfers and preferences; and

• Urgent preservation remedies, including injunctions.

Debt recovery should be proportionate to the amount owing, the strength of the evidence, and the debtor’s ability to satisfy a judgment. We begin by reviewing the agreement, payment history, security, limitation period, potential defences, competing claims, and known assets.

Where appropriate, we pursue payment through a formal demand, negotiated repayment plan, acknowledgment of debt, or forbearance agreement. If voluntary resolution is not achievable, we commence and advance litigation in the Ontario Small Claims Court or Superior Court of Justice, including proceedings for default judgment or summary judgment where available.

Obtaining judgment does not guarantee payment. We assist judgment creditors with enforcement measures such as garnishment, writs of seizure and sale, and examinations in aid of execution. These remedies may be used to reach funds held in bank accounts, wages, accounts receivable, real property, or other assets belonging to the judgment debtor.

Before incurring enforcement costs, we consider whether the debtor has reachable assets, whether other creditors have registered interests, and which enforcement method offers a commercially reasonable prospect of recovery.

When a borrower defaults under a mortgage, delay can reduce the value of the lender’s security as interest, taxes, insurance costs, condominium arrears, and other claims accumulate. We assist mortgagees with demands, power of sale, possession, foreclosure, judicial sale, actions on the covenant, guarantor claims, and deficiency recovery.

Mortgage remedies are subject to contractual, statutory, notice, registration, and priority requirements. We review title and the mortgage documentation before recommending the enforcement process best suited to the property and debt.

We advise secured creditors on enforcing rights in vehicles, equipment, inventory, accounts receivable, and other personal property under security agreements and Ontario’s Personal Property Security Act. Our services include reviewing and enforcing general security agreements, equipment leases, conditional sales agreements, and purchase-money security interests.

Where collateral is withheld, concealed, transferred, or at risk of disposal, court proceedings may be required to compel delivery, preserve the property, or obtain interim possession. We also advise on realization and sale procedures, deficiency claims, and disputes with competing secured creditors or lien claimants.

Where ordinary enforcement is inadequate, a secured creditor may seek the appointment of a receiver to take control of assets, preserve value, operate or stabilize a business, and conduct a supervised sale. Receivership is a significant remedy, and the court will consider the security documents, urgency, proportionality, and whether the appointment is just or convenient.

We also advise creditors whose debtors become subject to bankruptcy, receivership, proposal, or restructuring proceedings. This may include filing and proving claims, asserting secured status, reviewing proposed sales, addressing priority disputes, responding to disallowances, and participating in motions affecting distributions or collateral.

The order in which creditors are paid may be affected by the Personal Property Security Act, the Bank Act, the Bankruptcy and Insolvency Act, the Repair and Storage Liens Act, land-registration statutes, deemed trusts, possessory liens, and the terms of intercreditor or postponement agreements.

A registration alone does not resolve every priority issue. Attachment, perfection, possession, timing, collateral classification, statutory liens, and insolvency rules may all affect entitlement. We assess competing claims before enforcement and seek declarations or directions from the court where necessary.

Effective creditor protection begins before default. We assist clients with reviewing credit practices, guarantees, security agreements, repayment terms, default provisions, and enforcement procedures. Proper documentation and registration can reduce uncertainty, strengthen priority, and provide more effective remedies if the account later becomes delinquent.