Notice of Examination:

Question:How do I complete the Notice of Examination (Form 20H) in Ontario, and what’s the creditor vs debtor issue to avoid?

Answer:Ajodhia Legal Services can help Ontario debtors and creditors prepare the Notice of Examination (Form 20H) correctly by flagging the common typographical nuance where “Creditor” and “Debtor” fields must be labelled so the form matches the party names and the title of proceeding as shown in the original litigation documents.  Aside from that label correction, Form 20H is usually completed with readily available Court Clerk details like the proposed debtor examination date plus the remaining judgment amount and interest due, which is typically drawn from the Affidavit for Enforcement Request (Form 20P).  If the person being examined is the Debtor, include the Financial Information Form (Form 20I), completed by the Debtor, and consider a short covering letter that tells them to bring the fully completed 20I and supporting documents to the hearing.  For a quick review before you file, call (647) 882-8205.

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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 Ajodhia Legal Services by phone at: (647) 882-8205 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.