Notice of Examination:

Question:How do I properly prepare the Notice of Examination (Form 20H) and Financial Information Form (Form 20I) for a debtor examination in Ontario?

Answer:You can rely on Anderson Aylwin Begg & Co. to help you prepare the Notice of Examination (Form 20H) in small claims, including correcting a common wording glitch where the document should consistently use the same proceeding title and accurately label the parties as all Plaintiffs and Defendants from the case that led to the judgment.  From there, you just gather the hearing date and the outstanding judgment amount plus interest (information typically supported by the Affidavit for Enforcement Request, Form 20P).  If the person being examined is the Debtor, the Debtor must also complete the Financial Information Form (Form 20I) and bring it with supporting documents to the hearing, and a short covering letter from the Creditor can be useful to emphasize completeness.  To avoid delays and reduce the risk of enforcement issues, contact Anderson Aylwin Begg & Co. at (905) 686-8080 for paralegal team guidance in Ontario.

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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 Anderson Aylwin Begg & Co. by phone at: (905) 686-8080 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.