Notice of Examination:

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

Answer:To complete Ontario’s Notice of Examination (Form 20H), fill in the court title information exactly as it appeared in the original litigation and ensure the “Creditor” and “Debtor” sections are used to name all plaintiffs and defendants from that case, then add the proposed examination date and the amount owing (principal, plus interest) as reflected in the related Affidavit for Enforcement Request (Form 20P).  If the person being examined is the Debtor, also require a Financial Information Form (Form 20I), which the Debtor must complete and bring with supporting documents to the hearing, and the Creditor typically benefits from a short covering letter that prompts full completion and attendance.  For help preventing delays and fixing form wording issues before filing, Pollock Paralegal can guide you in Ontario paralegal document preparation, call (519) 694-0363.

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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 Pollock Paralegal by phone at: (519) 694-0363 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.