Notice of Examination:

Question: How do I complete a Notice of Examination (Form 20H) for an Ontario Small Claims Court debtor examination?

Answer: In Ontario Small Claims Court, completing the Notice of Examination (Form 20H) is mostly filling in court-provided details (exam date, judgment balance plus interest) and ensuring the “Creditor/Debtor” fields match the exact title of proceeding and all parties as shown on the original litigation documents, despite a known form labelling glitch; if the debtor is being examined, also serve the Financial Information Form (Form 20I) and include a cover letter reminding them to bring the completed form and supporting documents to the hearing.  For fast, accurate preparation, service, and filing support from Paralegals across Ontario, contact Anderson Aylwin Begg & Co. at (905) 686-8080 for a clear, cost-effective path to enforcing your judgment.

Preparation of Documents

Completing the Notice of Examination (Form 20H) document is straightforward; however, there document does have a typographical glitch that creates a nuance whereas the words, “Creditor” and “Debtor” appear.  These fields should be labelled in a manner that indicates the requirement to name all of the parties that were Plaintiffs or Defendants within the litigation from which the Judgment arose; and accordingly, the title of proceeding upon the Notice of Examination (Form 20H) document should read the same as the title of proceeding was shown within any other document during the litigation.  Aside from this apparent glitch, the Notice of Examination (Form 20H) merely requires information that is readily available from the Court Clerk, such as the proposed date of the debtor examination hearing as well as the amount of the Judgment, plus interest, that remains due.  This amount will be known whereas such is contained within the Affidavit for Enforcement Request (Form 20P) as discussed elsewhere.

Where the person that will be examined is the Debtor, in addition to the Notice of Examination (Form 20H), a Financial Information Form (Form 20I) is also required.  The Debtor is to complete the Financial Information Form (Form 20I); and accordingly, the document is without any preparation required by the Creditor, or representative of the Creditor; however, it is wise to include a covering letter that emphasizes the need to fully complete and bring the completed Financial Information Form (Form 20I) with all supporting documents to the debtor examination hearing.