The creditor and the person to be examined (usually the debtor) must attend the examination. Representatives may also attend. The examination will be conducted under oath. The public will not be allowed to attend unless the court orders otherwise.

The procedure is as follows:

You fill out a Notice of Examination [Form 20H] indicating the person to be examined (usually the debtor). If the debtor is a company, name the person who has the information you need. For example, you could name an officer or director of the corporation, a partner in the partnership or the sole proprietor.

You fill out an Affidavit for Enforcement Request [Form 20P] in support of a request for a notice of examination.

This form generally describes:

• the details of the court order you are enforcing

• payments that have been made to date

• the amount still owing

You file the notice of examination and affidavit with the court in person, by mail or online using the Small Claims Court Submissions Online portal, along with a Certificate of Judgment if necessary.

You serve the notice of examination on the debtor or other person to be examined at least 30 days before the hearing. If the debtor to be examined is an individual, you will also need to serve a blank Financial Information Form [Form 20I]. If the debtor is a business, no financial information form is required.
  

If you cannot serve the debtor at least 30 days before the scheduled date of the hearing, call the court office for more information.

You fill out an Affidavit of Service [Form 8A] with the court proving service on the debtor or person to be examined and file it at the court at least 3 days prior to the date set for the examination. The notice of examination must be served by personal service or an alternative to personal service. See “Serving documents ” for more information.

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If you filed your claim online you may also need to file in hardcopy all e-filed and e-issued documents in your case together with the notice of examination.

You attend the examination hearing on the date set by the court. The debtor (or other person) can be examined in relation to:

• the reason for non-payment

• the debtor’s income and property

• the debts owed to and by the debtor

• the disposal the debtor has made of any property either before or after the order was made

• the debtor’s present, past and future means to satisfy the order

• whether the debtor intends to obey the order or has any reason for not doing so any other matter pertinent to the enforcement of the order

• See “Tips on completing forms in Small Claims Court ” for more information on completing forms. Refer to “Small claims court fees” for information on fees.

The debtor or any other person to be examined should be prepared to answer questions and provide documents in relation to the examination.

A debtor who is an individual (i.e., not a corporation) must fill out the Financial Information Form [Form 20I] and serve it on the creditor before the hearing. The debtor must also bring a copy of the completed form to the hearing and give it to the judge. A financial information form provides a snapshot of the debtor’s income, expenses, debts, and assets.

The form is not filed with the court. The debtor must also bring to the hearing documents that support the information given in the form.

What Happens to the Financial Information Form (Form 20I) Given to the Judge After the Examination Hearing

The judge at the examination hearing may consider the information you provide in the Financial Information Form and any supporting documents when making a decision at the examination hearing. You should ask the courtroom clerk to return these documents to you after the hearing has finished because they may not be available for you to pick up after the hearing. The Financial Information Form and supporting documents do not belong in the court file. Court files are available for public viewing unless an order of the court provides otherwise.

If, at the examination, the court orders a periodic payment schedule, the debtor must make the payments in the amounts and on the dates ordered in the schedule. As long as those periodic payments are made, the creditor cannot do anything else to enforce the judgment, other than issue a writ of seizure and sale of land.

If the debtor fails to make a payment or makes only a partial payment, you can serve on the debtor and file with the court a Notice of Default of Payment [Form 20L] and an Affidavit of Default of Payment [Form 20M]. An order for periodic payment terminates 15 days after you serve the debtor with the notice of default of payment, unless a Consent [Form 13B] in which you waive the default, is filed with the court within the 15-day period. You are then free to proceed with another method of enforcement.

If the debtor or other person attends the examination but refuses to produce documents or answer questions, the judge may order the person to attend a contempt hearing to determine whether the person is in contempt of court.

The Small Claims Court will schedule a time, date, and place for the contempt hearing. The clerk will provide the creditor with the notice of contempt hearing. The creditor must serve the notice on the debtor or other person who has been ordered to attend the contempt hearing by means of personal service. Once service is made, an Affidavit of Service [Form 8A] must be filled out, sworn (or affirmed), and filed with the Small Claims Court at least 7 days in advance of the hearing date. Refer to “Serving documents ” for more information.

The creditor and the debtor (or other person) must attend the contempt hearing.

Asking the Court to Cancel a Contempt Hearing Ordered for Failure to Produce Documents or Answer Questions

If you are ordered to attend a contempt hearing for failing to produce documents or answer questions, you must attend the contempt hearing. If you have changed your mind and are now willing to produce documents or answer questions, tell the judge at the hearing. Bring the documents with you to the contempt hearing.

What Happens if the Debtor (or Other Person) Does Not Attend the Examination Hearing

If the debtor (or other person) does not attend the examination hearing, the judge may order the person to attend a contempt hearing to determine whether the person is in contempt of court.

The Small Claims Court will schedule a time, date, and place for the contempt hearing. The clerk will provide the creditor with the notice of contempt hearing. The creditor must serve the notice on the debtor or other person who has been ordered to attend the contempt hearing by means of personal service. Once service is made, an Affidavit of Service [Form 8A] must be filled out, sworn (or affirmed), and filed with the Small Claims Court at least 7 days in advance of the hearing date. Refer to “Serving documents ” for more information.

The creditor and debtor (or other person) must attend the contempt hearing.

If you want to ask the court to cancel the contempt hearing that was ordered because you failed to attend the examination hearing, you may file a Notice of Motion and Supporting Affidavit [Form 15A] before the date of the contempt hearing. In your affidavit and at the motion hearing, ask the judge to rescind (reverse) the order for a contempt hearing. Explain the reasons why you failed to attend the examination hearing and that you are willing to attend a rescheduled examination hearing.

If the motion cannot be heard before the date of the contempt hearing, or if the motions judge refuses to grant your request, you must attend the contempt hearing.

If you have been ordered to attend a contempt hearing and you did not get the order to attend the contempt hearing set aside on a motion, you must attend even if, in the meantime, you have paid your debt to the creditor. This is because you have been ordered to the contempt hearing for your behavior in court (e.g., refusing to answer questions or provide documents) or for your failure to attend the examination hearing, not for failing to pay the debt. Paying the debt does not expunge (remove) the contempt.

A contempt hearing is a serious matter. At the contempt hearing, you will be given an opportunity to explain your actions and any reasons for them. The judge may order you to attend an examination hearing. The judge may also make an order that you are to be jailed up to five days for contempt of court. If you do not attend the contempt hearing, orders may also be made against you.

If the judge orders the debtor or other person to be jailed for contempt of court, the clerk will issue a Warrant of Committal [Form 20J] directed to the police. The warrant authorizes the police to take the individual named in the warrant to the nearest correctional institution and hold him or her there for the time specified in the warrant.
If you are found in contempt of court at the contempt hearing and a warrant of committal is issued, you or your representative may ask the court to set aside the warrant and the finding of contempt by filing a Notice of Motion and Supporting Affidavit [Form 15A] at the Small Claims Court. In your supporting affidavit and at the motion hearing, explain to the judge the reasons why the contempt order should be set aside.