What is an examination in aid of execution and how do I use it in Ontario?

An examination in aid of execution is a court process available to a judgment creditor in Ontario. Once you have a court judgment, you can serve the debtor with a Notice of Examination (in Small Claims Court) or an order for examination (in Superior Court) requiring them to appear before the court and answer questions about their financial affairs under oath.

The examination gives you information you need to choose the most effective enforcement tool. You can ask the debtor about: their employment and income, bank accounts and their financial institution, real property they own, vehicles, investments, other assets, and any debts owed to them by third parties. You can also question them about any recent transfers of assets, which may be relevant if you suspect they have tried to put property beyond your reach.

If the debtor fails to attend the examination without a valid excuse, the court can order their attendance again. Continued refusal can lead to contempt of court proceedings.

The information obtained at the examination is used to direct your garnishment or seizure steps. For example, if you learn the debtor has a bank account at a specific institution, you can serve a Notice of Garnishment there. If they own real property, you can file a writ of seizure and sale with the sheriff.

Examinations are relatively low-cost and can dramatically improve your ability to collect — many judgment creditors skip this step and waste time pursuing the wrong assets.