Notice of Examination:

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

Answer: To complete the Notice of Examination (Form 20H), ensure the Creditor and Debtor sections are labelled to reflect all parties named as Plaintiffs or Defendants in the underlying litigation, and match the title of proceeding to what appeared in the other court documents from that case.   The form mainly asks for information you can get from the court clerk, including the proposed date of the debtor examination hearing and the outstanding judgment amount plus interest, which is typically found in the Affidavit for Enforcement Request (Form 20P).   If the person being examined is the Debtor, the Debtor must also bring a completed Financial Information Form (Form 20I) with supporting documents, and while the Creditor usually does not prepare it, a short cover letter can help emphasize the requirement to fully complete and bring Form 20I to the hearing.   Wennekers.Legal™ provides professional legal services in Ontario and can help you verify your Forms before filing and attending the hearing, call (647) 701-1162.

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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 Wennekers.Legal™ by phone at: (647) 701-1162 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.