Winning a judgment in Toronto does not automatically put money in your pocket; you must enforce it yourself. To find out where a debtor works or banks, you can request an Examination Hearing to legally force them to appear in court under oath and provide financial documents, such as tax returns and pay stubs, to help you garnish their assets.
Many plaintiffs in Ontario celebrate the moment a Small Claims Court judge rules in their favour, assuming the court will now write them a cheque. Unfortunately, this is a major misconception. Winning a judgment of up to $50,000 (the Small Claims Court limit in Ontario since October 1, 2025) is a major victory, but the civil court system in Toronto only awards you a piece of paper-a Judgment-declaring that you are legally owed money. It is entirely up to you, the creditor, to hunt down the debtor’s assets, find their employer, and initiate the enforcement process. If the debtor simply refuses to pay and ignores your phone calls, you might feel like you hit a brick wall.
This is where an Examination Hearing becomes your most powerful legal tool. 📋 Often referred to informally as a “debtor’s examination,” this is a mandatory court proceeding designed to strip away a debtor’s financial secrecy. By serving them with the correct legal notices, you compel them to sit in a room at the courthouse and answer your questions under oath. They must legally reveal their banking information, their employer’s address, and any property they own, which you can then use to file a Notice of Garnishment or a Writ of Seizure and Sale.
Step-by-Step Process in Toronto
Requesting an examination is a strictly regulated process under the Ontario Small Claims Court Rules. If the judgment was issued in a Toronto courthouse, here is the exact process you or your paralegal must follow to haul the debtor in for questioning.
Step 1: Complete the Notice of Examination
First, you must fill out a Notice of Examination (Form 20H). 📄 This form formally requests the court to schedule a hearing date. Under Rule 20.10(2) of the Rules of the Small Claims Court, you must also complete and attach an Affidavit for Enforcement Request (Form 20P) confirming that you hold an unsatisfied judgment against this specific person or corporation. If the debtor is a corporation (like an unpaid contractor business), you can name a specific director or officer of the company to be examined.
Step 2: File the Paperwork and Get a Date
File your completed paperwork with the court registrar. 🏛️ While you can take your forms to the counter at the Toronto Small Claims Court, you can also submit them electronically via the Small Claims Court Submissions Online portal under Rules 1.05.1 and 1.05.4 of O. Reg. 258/98. Once processed, the court clerk will issue the document, stamp it, and assign a specific date and time for the examination hearing, which requires a mandatory government filing fee.
Step 3: Personal Service and Notification
This is the most crucial step: you must serve the Notice of Examination and a blank Financial Information Form (Form 20I) directly to the debtor. 👤 Under Ontario law, this must be done via personal service (handing it directly to them at least 30 days before the hearing date), usually by hiring a professional process server. Note that unlike a summons to witness, the Rules of the Small Claims Court (Rule 20.10) do not require you to pay travel or attendance money to the debtor for an examination hearing.
Step 4: Conduct the Examination Under Oath
On the scheduled date, you will meet the debtor at the courthouse. They will be placed under oath by a court official. You are then allowed to ask them highly specific questions: “Where do you currently work?” “Which bank branch holds your chequing account?” “Do you own a vehicle or real estate in Ontario?” You can also demand to look at the tax returns, pay stubs, and bank statements you requested in the notice.
How Much Does it Cost in Toronto?
Enforcing a judgment requires spending a little more money upfront to locate the hidden funds. The good news is that these enforcement costs can usually be legally added to the total amount the debtor owes you. Here is a breakdown of the typical costs:
| Enforcement Step | Estimated Cost (CAD) |
|---|---|
| Court Filing Fee (Notice of Examination) | $68 |
| Professional Process Server | $100 – $250 (Depends on how hard they are to find) |
| Paralegal / Lawyer Representation (Optional) | $500 – $1,500+ |
- Adding Costs to Judgment: Make sure you keep every single receipt for your filing fees and process server invoices, as you will add these expenses to your final Notice of Garnishment.
- Subsequent Garnishment Fees: Once you discover where they work during the examination, you will need to pay another court fee to issue the actual garnishment paperwork to their employer.
- Skip Tracing: If the debtor has moved and you cannot find them to serve the notice, you might need to pay a private investigator $300+ for a “skip trace” to locate their new Toronto address.
How Long Does the Process Take?
Getting an examination hearing scheduled is relatively fast compared to a trial. ⌖ Once you file the paperwork at the Toronto courthouse, you will typically be given a hearing date that is 1 to 3 months away. You must ensure the debtor is successfully personally served at least 30 days before the scheduled hearing date to give them time to gather their financial documents.
Frequently Asked Questions (FAQ)
What happens if the debtor simply doesn’t show up to the hearing?
If you prove to the court that you properly served them, but they fail to appear, the judge can schedule a Contempt Hearing. If they ignore that as well, the judge can actually issue a Warrant for their arrest, and the police will bring them to court.
Can I examine a business or corporation?
Yes. If your judgment is against a corporation, you have the legal right to examine an officer or director of that company. They must bring the corporate tax returns, business bank statements, and a list of the company’s assets and clients.
Do I have to hire a lawyer to ask the questions?
No, you can represent yourself and ask the questions directly. However, knowing exactly which financial questions to ask to expose hidden assets can be difficult, so many people hire a licensed paralegal or a law firm to conduct the examination on their behalf.
What do I do immediately after the Examination Hearing?
Once you have their banking details or employer information, you should immediately go to the court counter and file a Notice of Garnishment. The court will serve this to the bank or employer, legally forcing them to redirect the debtor’s money into the court’s trust account for you.
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