Notice of Examination:

Question: How do I complete the Notice of Examination (Form 20H) for a debtor examination in Ontario, and what information must be entered correctly?

Answer: To complete the Notice of Examination (Form 20H) for a debtor examination in Ontario, ensure the “Creditor” and “Debtor” fields clearly reflect all parties named as Plaintiffs or Defendants in the underlying proceeding, and match the title of proceeding exactly to what appears in the other court documents from that case, then enter readily available details like the proposed debtor examination date and the total judgment amount plus interest that remains due; if the person being examined is the Debtor, also require a Financial Information Form (Form 20I) for the Debtor to complete with supporting documents, and using a brief covering letter helps emphasize what must be brought to the hearing.   To get this done accurately, Access Ontario Legal Services can guide you through the form preparation and practical next steps across Ontario, call (905) 302-1851.

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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.

Note: Please contact Access Ontario Legal Services by phone at: (905) 302-1851 to discuss any specific questions that you may have.

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.