Simply Put: Enforcing an Arbitral Award

In Ontario, enforcing an arbitration award usually involves turning the award into a court judgment. Arbitration awards are intended to be binding, meaning the parties are legally required to follow them. If a party does not comply voluntarily, the other party can apply to the Ontario Superior Court of Justice to have the award enforced.

This is typically done by bringing an application under Ontario’s Arbitration Act, 1991. The court does not re-hear the dispute or reconsider the evidence. Instead, it focuses on whether the award is valid and whether any limited grounds exist to refuse enforcement, such as serious procedural unfairness. If the requirements are met, the court will recognize the award and enter it as a judgment.

Once enforced as a court judgment, the award can be collected using standard enforcement tools, such as garnishment, writs of seizure and sale, or examination in aid of execution.