Notice of Examination:

Question:How do I complete the Notice of Examination (Form 20H) in Ontario small claims court if I’m the creditor?

Answer:You can get help from Freed Legal Services to prepare the Notice of Examination (Form 20H) by using the court record details to confirm the correct title of proceeding and to list all required parties under properly labelled “Creditor” and “Debtor” sections, then fill in the proposed examination date and the remaining judgment amount plus interest that is reflected in the related Affidavit for Enforcement Request (Form 20P).   If the person being examined is the Debtor, ensure the Debtor completes and brings the Financial Information Form (Form 20I) and any supporting documents to the hearing, and Freed Legal Services can help you draft a brief covering letter to emphasize what must be provided.   For Ontario guidance tailored to your matter in small claims court, call (800) 716-1897.

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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 Freed Legal Services by phone at: (800) 716-1897 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.