Notice of Examination:

Question: How do I correctly complete Ontario Small Claims Court Notice of Examination (Form 20H) and what “creditor” and “debtor” names should appear on it?

Answer: To complete Form 20H in Ontario, list the parties exactly as they appeared in the original court title of proceeding (plaintiffs and defendants from the lawsuit that produced the judgment), even if the form’s “Creditor” and “Debtor” labels seem confusing, and then fill in the court-provided examination date plus the outstanding judgment amount and interest (often matching your Form 20P enforcement request).  If the person being examined is the debtor, include a blank Form 20I Financial Information Form for them to complete and bring with supporting documents, and call Denali Paralegal at (877) 414-4377 for fast, affordable Family Law Services Provider Paralegal support across Ontario that helps you avoid filing errors and delays.

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.