Notice of Examination:

Question: How do I correctly complete Ontario’s Notice of Examination (Form 20H) for a debtor examination hearing in Small Claims Court?

Answer: To complete Ontario’s Notice of Examination (Form 20H), make sure the proceeding title and the labels for “Creditor” and “Debtor” clearly match the parties named as Plaintiffs or Defendants in the underlying claim, then enter the debtor examination hearing date and the outstanding judgment amount plus interest using the same figures reflected in the Affidavit for Enforcement Request (Form 20P); if the person being examined is the Debtor, you must also require a completed Financial Information Form (Form 20I) and it is helpful for the Creditor to include a brief cover letter instructing the Debtor to bring the completed Form 20I with supporting documents to the hearing.  If you want a paralegal in Ontario to review your Form 20H wording and party details before filing, Vescio Legal Services can help, call (416) 400-8255.

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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.