How does examining a debtor differ between Small Claims and Superior Court in Ontario?

The questioning itself is similar in both courts — a judgment debtor can be required to attend and answer questions under oath about income, assets, and liabilities — but the paperwork and setting differ. In Small Claims Court, the process is called an examination of a debtor: the creditor completes a specific form, pays a modest filing fee, and the examination is generally held before a court clerk or deputy at the courthouse, without needing to independently arrange an examiner.

In the Superior Court, the process, called an examination in aid of execution, is typically arranged directly between the parties, or through a private court reporting or examiner service the creditor retains, similar to how examinations for discovery are scheduled earlier in a lawsuit. The creditor's lawyer, or the creditor if self-represented, usually has more responsibility for organizing the logistics, and the transcript is produced by the reporting service rather than a court clerk.

Both processes carry the same underlying obligations and consequences: the debtor must attend and answer honestly, and refusal or evasiveness can lead to a further order or a contempt finding. Which court you use depends on which court issued your judgment — a Small Claims judgment is enforced through Small Claims processes, and a Superior Court judgment through Superior Court processes, even though the goal, getting a clear picture of the debtor's finances, is the same in both.

If you are unsure which process applies to your judgment, or how to arrange it, ask the court office where your judgment was issued, or a litigation lawyer, before trying to schedule one yourself.