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

An examination in aid of execution — also called an examination of judgment debtor — is a court procedure in Ontario that allows a judgment creditor (the person who won the lawsuit) to bring the judgment debtor (the person who owes the money) before an officer of the court to answer questions under oath about their financial situation.

The purpose is discovery of the debtor's assets, income, liabilities, and any property that could be seized or garnished to satisfy the judgment. You can ask about bank accounts, real property, vehicles, employment, business interests, pension income, and debts owed to the judgment debtor by third parties. A third party (like an employer or bank) can also be examined if they are believed to hold assets belonging to the debtor.

To initiate the examination, you obtain an appointment from the court and serve the debtor with a Notice of Examination. The debtor must attend and answer questions honestly; refusing to attend or answering dishonestly can result in contempt of court findings.

This procedure is available in both the Superior Court (as an examination in aid of execution) and in Small Claims Court (as an Examination of Debtor). It is one of the most effective enforcement tools available because it compels transparency about assets that the debtor might otherwise conceal.