- Once you hold a judgment, you can require the debtor (or, for a corporate debtor, an appropriate representative) to attend and answer questions under oath about their income, employment,…
- Before anything else, make sure the debtor was actually and properly served with the examination notice, with enough advance notice.
- Some debtors assume that skipping the examination just delays the inevitable, with no real downside.
Winning a judgment is only step one. Actually collecting it often means finding out where the debtor's income and assets are — and Ontario law lets a creditor summon the debtor to an examination, where they must answer questions under oath about their financial situation. It's a common and useful tool. It's also common for a debtor who has already been ignoring the creditor to ignore this too.
If you've served a properly issued examination notice and the debtor simply doesn't show up, you are not stuck. Ontario's enforcement process anticipates exactly this problem, and gives creditors a path forward — though it takes patience and, usually, another trip to court.
What an Examination in Aid of Execution Is, Briefly
Once you hold a judgment, you can require the debtor (or, for a corporate debtor, an appropriate representative) to attend and answer questions under oath about their income, employment, bank accounts, property, and other assets — information you need to actually enforce the judgment through tools like garnishment or a writ of seizure and sale. It only works, though, if the debtor actually shows up.
Step by Step: What to Do When the Debtor Doesn't Attend
- Confirm service was proper. Before anything else, make sure the debtor was actually and properly served with the examination notice, with enough advance notice. A defective service is the most common reason a no-show doesn't lead anywhere — fix this first.
- Document the non-attendance. Keep clear proof: the notice, proof of service, and confirmation that the debtor did not appear at the scheduled time.
- Go back to court. A creditor whose debtor fails to attend a properly served examination can bring the matter back before the court to ask for consequences and further orders.
- Ask for cost consequences. Courts can order the debtor to bear the costs the creditor incurred because of the failed attendance, adding to what the debtor ultimately owes.
- Escalate if the pattern continues. Where a debtor repeatedly and deliberately refuses to attend despite proper notice, the matter can move toward a contempt motion, and in a serious enough case, the court can order further steps to compel attendance. This is a real but relatively rare escalation, reserved for genuine defiance of the court process rather than a single missed date.
- Reconsider your information sources. If a debtor is evasive in general, it may be worth pursuing other avenues in parallel — third-party information, land registry searches, or other lawful means of locating assets — rather than relying solely on the debtor's own cooperation.
Why This Isn't as Simple as "Ignore It and It Goes Away" for Debtors
Some debtors assume that skipping the examination just delays the inevitable, with no real downside. That's a misreading of the process:
- Non-attendance can add to what the debtor ultimately owes, through cost awards tied to the failed appearance.
- It can escalate the dispute rather than end it — a creditor motivated enough to pursue an examination in the first place is unlikely to simply give up.
- Repeated, willful non-compliance with a court process is treated far more seriously by courts than an ordinary missed appointment, because it's defiance of the court itself, not just of the other party.
What This Isn't
It's worth being clear about what does not happen just because a debtor misses an examination:
- It is not automatic jail time. Consequences escalate through the court process — cost orders first, with more serious steps reserved for genuine, repeated defiance of a court order.
- It does not erase the judgment or the debt. The underlying obligation to pay doesn't go anywhere; the creditor simply has to work harder to get the information needed to enforce it.
- It doesn't require starting over. The existing judgment and enforcement file continue — this is a procedural obstacle to work through, not a reason to relitigate the underlying claim.
Frequently asked questions
How much advance notice does a debtor need for an examination?
The notice needs to give the debtor a fair, defined opportunity to attend, and proper service is essential — a debtor who was never validly served has a legitimate reason for not appearing. Confirming service was done correctly is the first thing to check before assuming a debtor is simply being difficult.
Can I skip the examination and go straight to garnishment or seizure?
You can sometimes proceed with enforcement tools if you already know where the debtor banks, works, or holds property, without needing an examination first. The examination becomes especially valuable when you don't already have that information.
What if the debtor shows up but refuses to answer questions?
That's a related but distinct problem from not attending at all. A debtor who attends but is evasive or refuses to answer proper questions can also be brought back before the court to compel fuller answers.
Does a failed examination attempt cost the creditor anything?
There are practical costs — time and, often, legal fees to bring the follow-up motion — though a court can order the debtor to cover costs caused by their own non-attendance. It's still worth planning for the possibility that a debtor determined to avoid the process will make it take longer than expected.
This is a litigation question
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