Guide
What Assets Can Be Seized After a Lawsuit in Canada?
By LiabilityGap EditorialUpdated 5 min read
The short answer
What assets can be seized to pay a judgment in Canada?
More than most people expect: home equity above a modest, province-set exemption (commonly $9,000 to $40,000), non-registered investments, TFSAs, second properties, and vehicles above a small threshold. RRSPs and registered pensions are mostly protected, subject to a 12-month clawback on recent contributions in bankruptcy.
After a Canadian judgment, a creditor can reach most of what you own: home equity above an exemption that is often just $9,000 to $40,000 depending on the province, every dollar in your TFSA and non-registered accounts, second properties, and vehicles above a modest threshold. The genuinely protected list is short — RRSPs (mostly), registered pensions, basic household goods, and the tools of your trade up to set limits — and every one of those protections comes with provincial fine print.
If you're reading this because a claim has already landed, the map below tells you what's exposed. If you're reading it before anything has happened, it tells you something more useful: exactly what an underinsured judgment would be collected from.
How seizure actually works, in one paragraph#
A plaintiff who wins more than your insurance pays doesn't get your assets automatically. They register the judgment, then use provincial enforcement tools: a writ against your land, seizure and sale of personal property through the sheriff or civil enforcement agency, garnishment of accounts and wages, and a debtor examination where you must disclose everything you own under oath. The step-by-step machinery — and how long it can run — is a story we tell separately. This page is about the target list.
The map: what's reachable and what isn't#
Exemptions are set province by province, so treat every row as "in most provinces" — the pattern holds across Canada even where the dollar figures differ:
| Asset | Status | The fine print |
|---|---|---|
| Home equity | Reachable above a modest exemption | Exemptions are set province by province — for example, $12,997 in Ontario, $40,000 in Alberta, and $12,000 (Metro Vancouver/Capital Regional District) or $9,000 (elsewhere) in BC. Equity above that figure is exposed. |
| Non-registered investments | Reachable | Stocks, funds, GICs, crypto held in taxable accounts — standard targets. |
| TFSA | Reachable | The surprise on this list. TFSAs generally carry no creditor protection in most provinces. |
| Bank accounts | Reachable | Can be garnished directly; savings can be swept in one filing. |
| Second property / rental / cottage | Reachable | No principal-residence sympathy applies. Often the first thing pursued. |
| Vehicles | Reachable above an exemption | Most provinces exempt one vehicle up to a set value — commonly a few thousand dollars. The truck, the second car, the classic in the garage: exposed. |
| Boats, ATVs, trailers, RVs | Reachable | Toys have no exemption. |
| RESPs | Generally reachable | In most provinces RESPs are not protected — they're legally your asset, not your child's. A small number of provinces shelter them. |
| RRSPs / RRIFs | Mostly protected | Federal bankruptcy law (Bankruptcy and Insolvency Act, s. 67) shields them, but contributions made in the 12 months before a bankruptcy can be clawed back. |
| Registered workplace pension | Generally protected | Safe while it stays in the plan; pension income paid out to you can be garnished. |
| CPP / OAS benefits | Generally protected | Government benefits are largely shielded from ordinary creditors. |
| Basic household goods | Protected up to limits | Furniture, appliances, clothing — up to provincial caps meant to preserve a basic household, not a comfortable one. |
| Tools of your trade | Protected up to limits | Equipment you need to earn a living, up to a capped value that varies by province. |
Read the protected column carefully and a pattern emerges: Canadian law protects subsistence — a place at the table, a way to earn, retirement money already locked away. It does not protect prosperity. Everything you've built beyond the basics is, in principle, collectable.
How exposed are you? Most people have no idea.
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Check my lawsuit exposureThe house is its own question#
Home equity deserves — and gets — its own full treatment on this site, because it's the asset most families care about and the one judgment creditors like best: it's visible on title, it can't be moved, and a registered writ quietly blocks every sale and refinance until the debt is addressed. The one-line version: in most provinces, only a small slice of your equity is exempt, and the rest is reachable. If your equity is measured in hundreds of thousands, the exemption is a rounding error.
Why "protected" is doing less work than you hope#
Three cautions before you take comfort in the protected column:
- Protection varies by province — sometimes a lot. An asset that's sheltered in Alberta may be exposed in Ontario. If you move provinces, your protection map changes with you.
- Timing can defeat protection. RRSP contributions made after trouble is on the horizon can be reversed. Courts look hard at money that moved toward shelter after a claim arose.
- You can't outrun a claim by gifting assets. Transferring the cottage to your spouse or the savings to your kids once you've been sued (or expect to be) is a fraudulent conveyance in the making — courts can unwind it, and the attempt damages your credibility in the underlying case.
That last point matters most. Real asset protection is legal structure built years in advance — and even then, courts are unsympathetic to structures whose only purpose is defeating injury victims. For an ordinary household, the practical protection isn't hiding assets. It's making sure the judgment gets paid by an insurer instead.
The comparison nobody runs#
Put the two strategies side by side. Restructuring your affairs to shield assets: complicated, expensive, province-dependent, reversible by a court, and useless if done late. An umbrella liability policy: roughly $200–$300 per year for $1 million of coverage above your existing policies, and about $50–$75 per year for each additional million — estimates based on typical Canadian broker pricing, not quotes.
The umbrella doesn't just pay a judgment that would otherwise land on your TFSA and your home equity. It changes the fight itself: a plaintiff facing adequate coverage settles with the insurer and never starts hunting your assets at all. The seizure map above only ever gets used against people whose coverage ran out.
Know what's exposed. Then make the list irrelevant.
How much of what you own is actually exposed? Get your gap in 2 minutes.
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Check my lawsuit exposureFrequently asked questions
What assets can be seized to pay a judgment in Canada?
Home equity above a modest provincial exemption, non-registered investments, TFSAs, second properties, rental properties, vehicles above an exemption threshold, boats and recreational vehicles, and money in bank accounts. Exemption amounts vary by province.
Are RRSPs protected from lawsuits in Canada?
Mostly, yes. The federal Bankruptcy and Insolvency Act (s. 67) protects RRSPs and RRIFs from seizure in bankruptcy, though contributions made in the 12 months before the bankruptcy can be clawed back. Outside formal bankruptcy, protection depends more on provincial rules and how the plan is held, so the answer is strong but not absolute.
Can a TFSA be seized in a lawsuit?
Generally yes. Unlike RRSPs, TFSAs have no broad creditor protection in most provinces. A judgment creditor can typically reach TFSA funds the same way they reach any non-registered account.
Is my pension safe from a judgment?
Registered workplace pensions are generally protected from seizure in most provinces while the money stays in the plan. Once funds are paid out to you as income, that income can be garnished like wages.
Can I just transfer assets to my spouse if I'm being sued?
No. Transferring assets to family after a claim arises can be attacked as a fraudulent conveyance and reversed by the court — and it can make things worse. Asset protection has to be in place before trouble starts, which is why insurance is the practical tool.
Sources
- Bankruptcy and Insolvency Act, RSC 1985, c B-3, s. 67 — Government of Canada
- O. Reg. 657/05 (Execution Act) — principal residence exemption — Government of Ontario
- Court Order Enforcement Exemption Regulation, BC Reg 28/98 — Government of British Columbia / CanLII
How exposed are you? Most people have no idea.
10 questions. 2 minutes. No email needed to see your score.
Check my lawsuit exposureKeep reading
- The complete guideUmbrella Insurance in Canada: The Complete Guide
- GlossaryJudgment-Proof: What It Means and Why It Rarely Lasts
- GlossaryGarnishment
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