Notice of Examination:

Question: How do I correctly complete the Notice of Examination (Form 20H) for a debtor examination hearing in Ontario small claims court?

Answer: Completing the Notice of Examination (Form 20H) is usually straightforward, but verify the headings for “Creditor” and “Debtor” so they clearly match the parties in the original lawsuit and ensure the title of proceeding shown on Form 20H matches the title used in the litigation; you’ll also enter practical details you can obtain from the court clerk such as the proposed examination hearing date and the judgment amount plus any interest still owing (the exact balance is typically set out in the Affidavit for Enforcement Request Form 20P).  If the person being examined is the Debtor, they must also complete the Financial Information Form (Form 20I), and while the Creditor usually does not need to prepare Form 20I, a brief covering letter can help ensure the Debtor brings the completed form and supporting documents to the hearing.  For help reviewing your specific Form 20H wording and next steps in Ontario, contact SFG Paralegal Services LLP at (888) 398-0121.

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.