Notice of Examination:

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

Answer: To complete the Notice of Examination (Form 20H) for a debtor examination in Ontario, make sure the heading and party labels (Creditor and Debtor) match the parties and the title of proceeding used in the underlying court documents, then fill in the required hearing details like the proposed examination date and the Judgment amount plus interest that remains due (this information is typically set out in the Affidavit for Enforcement Request Form 20P)   If the person being examined is the Debtor, you must also include the Financial Information Form (Form 20I), which the Debtor completes and brings with supporting documents to the hearing, and while the Creditor generally has little direct preparation for Form 20I, a short covering letter can help set expectations for a fully completed form   If you want a paralegal-backed document-prep checklist and review to reduce mistakes before filing, Civil Litigations Paralegal Services can help, call (416) 229-1479 in Ontario.

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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.