Notice of Examination:

Question: What documents do I need to complete for a debtor examination in Ontario, and what’s required from the creditor versus the debtor for Form 20H?

Answer:   Defend-it Legal Services can assist with preparing and reviewing your debtor examination paperwork in Ontario, including Notice of Examination (Form 20H) and the related Financial Information Form (Form 20I), so you label creditor and debtor parties consistently with the original litigation and use the same title of proceeding shown in the court documents;   typically the creditor’s preparation is limited to information available from the Court Clerk, such as the proposed debtor examination hearing date and the outstanding judgment amount plus interest, which should be reflected in your Affidavit for Enforcement Request (Form 20P), while the debtor must complete Form 20I and bring it with supporting documents to the hearing, plus a short covering letter can help emphasize the importance of completing everything fully;   if you need help making sure your forms are accurate before filing or bringing documents to the courthouse, contact (289) 275-3513 to get paralegal-led guidance alongside related services like private investigation, background searches, and fingerprinting for compliant, practical case preparation across Ontario.

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.