Notice of Examination Ontario Small Claims Court: Creditor's Guide

The Examination Hearing Is Your Intelligence Tool

The examination hearing under Rule 20.10 is the most underused enforcement tool in Ontario Small Claims Court. For $68, you get the debtor under oath, with their financial documents, answering your questions about everything they own and earn.

Most self-represented creditors skip straight to garnishment because it sounds like it does more. But garnishing blind — without knowing where the debtor banks, who employs them, or what they own — is a $144 gamble. The examination hearing removes the guesswork.

How to Schedule the Examination

Request Form 20H from the court clerk by filing Form 20P (Affidavit for Enforcement Request) with a current interest calculation. The fee is $68 under O. Reg. 332/16. If the debtor is an individual, serve a blank Financial Information Form (Form 20I) with Form 20H; do not file the blank form with the clerk.

The clerk issues Form 20H, which sets a date and time for the hearing — typically at the court office or via Zoom (many Ontario courts now offer remote examinations).

Service rules: Form 20H and, if the debtor is an individual, a blank Form 20I must be served at least 30 days before the examination date. File proof of service at least 3 days before the examination. You must include attendance money — $11 per day plus travel allowances based on provincial kilometre rates.

If the debtor is a corporation, you examine an officer, director, or sole shareholder on the entity's behalf.

What the Debtor Must Bring

The debtor must complete Form 20I before the hearing and bring supporting financial documents:

• Recent tax returns (typically the last two years)
• Bank statements for all accounts
• Pay stubs or proof of income
• Documentation of any real property owned
• Vehicle registrations
• Business financial records (if self-employed)

These documents are protected under the implied undertaking doctrine — you can only use them for enforcement purposes, not share them publicly or use them in unrelated proceedings.

What to Ask at the Examination

The examination is your chance to build a complete picture of the debtor's financial life. The standard areas to cover:

Employment and income: Where do they work? Full-time or part-time? Gross and net pay amounts? Do they have secondary employment or freelance income? Are they expecting any bonuses, commissions, or severance?

Bank accounts: Which financial institutions? Account numbers? Current balances? Joint accounts? Do they have any savings accounts, GICs, or investment accounts?

Real property: Do they own or co-own any real estate in Ontario or elsewhere? What's the address? What's the approximate market value? Are there mortgages, liens, or other encumbrances?

Vehicles: What vehicles do they own? Year, make, model, and VIN? Are there any liens or financing? What's the approximate value?

Debts owed to the debtor: Does anyone owe them money? Are they expecting any inheritance, insurance payout, or legal settlement?

Monthly expenses: This establishes whether the debtor genuinely can't afford to pay or simply chooses not to prioritize your judgment.

Every answer should feed directly into your enforcement strategy. If they disclose a bank account with $5,000, you know where to serve a garnishment. If they own a house with equity, you know to file a land writ.

When the Debtor Doesn't Show Up

If the debtor was properly served with Form 20H and attendance money but fails to appear, ask the court to order a contempt hearing under Rule 20.11(2). If the court orders a hearing, the clerk provides the notice. You must personally serve it on the debtor and file proof of service at least 7 days before the hearing. If a separate Form 15A motion is required to request the order, its filing fee is $127 under O. Reg. 332/16.

Form 20J is the Warrant of Committal, and Form 20K is the Identification Form. They are used if the judge orders committal after the contempt hearing, not to request the hearing. The court may order the debtor to attend another examination or impose other sanctions, including imprisonment for up to 5 days.

After the Examination

With the information gathered, you're now in a position to choose the most effective enforcement tools:

• Debtor has steady employment → wage garnishment (Form 20E, $144)
• Debtor has a known bank account with funds → bank garnishment (Form 20E, $144)
• Debtor owns real property → writ of seizure and sale of land (Form 20D, $68 + $100)
• Debtor owns valuable personal property → writ of seizure and sale (Form 20C, $68 + deposit)
• Debtor has nothing right now → register a land writ for future protection, re-examine later

Our Ontario judgment enforcement guide includes a structured examination question script designed to uncover assets debtors commonly fail to volunteer, plus a decision framework for choosing your next enforcement step based on what the examination reveals.

See more Ontario guides →