Notice of Examination:

Question:How should I complete Form 20H Notice of Examination for a small claims debtor examination in Ontario?

Answer:To complete the Notice of Examination (Form 20H) correctly in Ontario, ensure the “Creditor” and “Debtor” fields are labelled to reflect all parties named as Plaintiffs or Defendants in the underlying litigation, and make sure the title of proceeding on Form 20H matches the proceeding title used in the other court documents from that case; beyond this typographical nuance, Form 20H focuses on readily available case details from the court clerk, including the proposed debtor examination date and the amount of the judgment plus interest still owing, while the debtor (not the creditor) also completes the Financial Information Form (Form 20I) and brings it with supporting documents to the hearing.   If you want a paralegal at Legacy Legal Services in Ontario to review your draft so it aligns with the case caption and amounts, call (226) 246-3825.

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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 Legacy Legal Services by phone at: (226) 246-3825 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.