Judgment Debtor Examination in Ontario: What to Expect and How to Use It

You have a judgment, but you do not know where the debtor banks, works, or what they own. Without that information, garnishment and seizure are shots in the dark. The examination in aid of execution — commonly called a judgment debtor examination — is Ontario's answer to this problem. It compels the debtor to appear before the court, answer questions under oath, and produce documents about their finances.

This guide explains when and how to use a judgment debtor examination, what questions you can ask, and what recourse you have when the debtor refuses to cooperate.

What Is an Examination in Aid of Execution?

An examination in aid of execution is a court-supervised proceeding where the judgment creditor (you) questions the judgment debtor (the person who owes you money) about their assets, income, and financial affairs. It is available in both Small Claims Court and the Superior Court of Justice, though the procedure differs somewhat between them.

The examination takes place in person at the courthouse or, in some circumstances, by other means agreed upon. The debtor answers questions under oath, which means false answers carry the same consequences as lying in court.

When Should You Use a Judgment Debtor Exam?

Use it when:

• You do not know where the debtor banks or which branch holds their accounts
• You do not know their employer or how they earn income
• You suspect they own property but cannot confirm which county or registry it is registered in
• You believe they have assets but cannot identify them specifically enough to target enforcement
• Previous garnishment attempts came up empty

The exam is essentially a fact-finding mission — it fills in the blanks so your other enforcement tools can connect.

How to Schedule the Examination

In Small Claims Court

1. File a Notice of Examination (or the applicable form, which varies by court) with the Small Claims Court clerk
2. Pay the applicable filing fee — verify current fees with the court
3. Serve the debtor with the notice in the manner required by the court rules — typically personal service
4. The debtor must appear on the date set by the court

The clerk can help you identify the current form to use and the scheduling process. Timing varies by region; some courts are busier than others.

In Superior Court

An appointment is obtained from the registrar, and the process is governed by the Rules of Civil Procedure. Lawyers routinely handle this step.

What Questions Can You Ask?

The examination covers the debtor's entire financial picture. Typical areas include:

Employment and income

• Who is their employer?
• What is their salary, wages, or self-employment income?
• Do they receive any other regular payments (rental income, pension, government benefits)?

Bank accounts

• What banks do they deal with?
• Which branches? What are the account numbers?
• What is the approximate current balance?

Real property

• Do they own or have an interest in any land or buildings?
• What municipality? Is there a mortgage?
• Have they transferred property recently?

Personal property and other assets

• Do they own a vehicle? What is it worth?
• Do they own business equipment, tools, or inventory?
• Do any third parties owe them money?

Debts and liabilities

• Who do they owe money to?
• Have they filed for bankruptcy or made a consumer proposal?

Recent transfers

• Have they sold, given away, or transferred any assets in the past few years?
• To whom and for what consideration?

This last category is important. Debtors who anticipated being sued sometimes move assets to family members or related companies to put them out of reach. Answers about recent transfers may reveal a potential fraudulent conveyance claim.

Documents You Can Require

Along with attending and answering questions, the debtor can be required to produce documents such as:

• Recent bank statements
• Pay stubs or employment records
• Tax returns
• Property records or lease agreements
• Corporate records (if the debtor is a director or shareholder of a company)

Specify in your notice what documents you want them to bring. If they claim not to have a document, follow up with specific questions about where it is and who has it.

What Happens If the Debtor Does Not Attend?

Failing to attend a scheduled judgment debtor examination after being properly served is not simply ignored. The court can:

• Issue a bench warrant for the debtor's arrest (in certain circumstances, depending on the court level and the nature of the non-compliance)
• Find the debtor in contempt of court
• Make orders about costs

These consequences give teeth to the process. A debtor who evades you may find the court's response escalates the situation significantly.

What If the Debtor Attends but Refuses to Answer?

If a debtor appears but refuses to answer legitimate questions or claims not to know basic information about their own finances, you have options:

• Ask the court to order them to produce specific documents
• Bring a motion for contempt if the refusal is willful
• Use follow-up court dates to continue the examination

Courts expect reasonable candour from judgment debtors. Uncooperative behaviour is noted on the record and can affect how the court deals with any future motions from the debtor.

Using the Information You Collect

Once you have the debtor's employer, bank, and asset details, you can:

• Serve a Notice of Garnishment on the employer (wages) or bank branch (account funds)
• File a Writ of Seizure and Sale in the county where their land is located
• Direct the Sheriff to seize specific personal property

The examination transforms vague knowledge into actionable targeting.

Frequently asked questions