What happens if a debtor refuses to attend or answer questions at an examination in aid of execution in Ontario?
A judgment debtor who is properly summoned to an examination in aid of execution is generally required to attend and answer relevant questions about their income, assets, and financial affairs, so a creditor can figure out how to actually enforce the judgment. A debtor who simply doesn't show up, or attends but refuses to answer proper questions without a valid reason, can face real consequences, since courts treat this obligation seriously. The creditor can generally bring a motion asking the court to compel compliance, and a debtor who continues to refuse can potentially be found in contempt of court, which carries its own separate penalties beyond the underlying debt itself.
Practically, non-compliance rarely makes the underlying judgment go away; it usually just escalates the situation and adds cost, since the creditor can pursue further court orders to force compliance. A debtor with a genuine, good-faith reason for missing a scheduled examination, such as a documented medical issue, is generally in a very different position than one who is simply evading the process altogether, and courts tend to treat those situations quite differently. Debtors facing this kind of examination are generally better served attending and being straightforward, since the alternative tends to make their situation worse, not better.
Key takeaways
- Debtors summoned to an examination in aid of execution are generally required to attend and answer.
- Refusing to comply without good reason can lead to a contempt finding with its own penalties.
- Non-compliance doesn't make the underlying debt disappear; it typically escalates the process.
- A genuine, documented reason for missing an examination is treated very differently from evasion.