Notice of Examination:

Question: How do I correctly complete the Notice of Examination (Form 20H) for a debtor examination in Ontario small claims court?

Answer: PKM Legal Services can help paralegals and self-represented parties in Ontario complete the Notice of Examination (Form 20H) by confirming the proceeding title matches what was used during the litigation, ensuring the “Creditor” and “Debtor” fields are labelled to reflect all named Plaintiffs and Defendants from the underlying case, and filling in the hearing date and the judgment amount plus outstanding interest using the figures from the Affidavit for Enforcement Request (Form 20P);  If the person examined is the Debtor, include the required Financial Information Form (Form 20I), have the Debtor complete it with supporting documents, and consider a short covering letter urging full completion to avoid delays; call (519) 410-5250 to get started and reduce the risk of complications.

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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 PKM Legal Services by phone at: (519) 410-5250 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.