Acts and Regulations

2019-32 - General

Section 6
Disposition versions

Full text
Examination – application
6(1)If a registered creditor makes an application under subsection 33(1) of the Act for an order requiring a judgment debtor to attend an examination, the application shall be in Form 1 and shall be accompanied by the following documents:
(a) a certified copy of the judgment;
(b) a verification statement issued under the Personal Property Security Act showing the registration of the judgment in the Personal Property Registry;
(c) an affidavit of the registered creditor that includes
(i) a statement that the applicant is the registered creditor,
(ii) the amount of the judgment, the amount of costs awarded, the interest rate applicable to the judgment, the total amount of any payments that have been made by the judgment debtor and the amount that remains outstanding,
(iii) a statement that the judgment debtor resides in the judicial district in which the application is being made, has a place of business there or has agreed to the examination being held there,
(iv) a statement that the judgment has been registered in the Personal Property Registry and that the registration period has not expired,
(v) a brief description of any attempts made by the registered creditor to obtain payment from the judgment debtor,
(vi) a statement of whether an enforcement instruction has been delivered to the sheriff and, if so, whether enforcement action is continuing or has been terminated and its results up to the time of the application,
(vii) a brief description of any property, income or other assets that the registered creditor believes the judgment debtor may have, and a list of any documents the registered creditor has that support this belief, and
(viii) a list of any documents that the registered creditor believes the judgment debtor has, or has access to, that may be relevant; and
(d) a copy of each document listed under subparagraph (c)(vii).
6(2)The fee for an application referred to in subsection (1) is $50.
6(3)If a judgment debtor fails to attend an examination or fails to provide complete and honest answers and a registered creditor makes an application for a person other than the judgment debtor to be examined, the application shall be in Form 2 and shall be accompanied by the following documents: 
(a) an affidavit of the registered creditor that includes
(i) the name and address of the person who is to be examined,
(ii) a brief description of the basis on which the registered creditor believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment,
(iii) a list of any documents that the registered creditor believes the person has, or has access to, that may be relevant, and
(iv) a statement of whether the clerk has issued a report under paragraph 37(1)(a) of the Act; and
(b) a copy of the report referred to in subparagraph (a)(iv), if applicable.
6(4)If a judgment debtor fails to attend an examination or fails to provide complete and honest answers and a registered creditor makes an application under paragraph 37(1)(c) of the Act for a person other than the judgment debtor to be examined, the registered creditor shall provide the following information to the clerk verbally under oath: 
(a) the name and address of the person who is to be examined;
(b) a brief description of the basis on which the registered creditor believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment;
(c) a list of any documents that the registered creditor believes the person has, or has access to, that may be relevant; and
(d) a statement of whether the clerk has issued a report under paragraph 37(1)(a) of the Act.
6(5)If the conditions of subsection 55(1) of the Act are satisfied and a sheriff makes an application under subsection 33(1) of the Act for an order requiring the judgment debtor to attend an examination, the application shall be in Form 3 and shall be accompanied by an affidavit of the sheriff that includes a brief description of the judgment debtor’s failure to comply with section 54 of the Act.
6(6)If the conditions of subsection 56(4) of the Act are satisfied and a sheriff makes an application under subsection 33(1) of the Act for an order requiring a person other than the judgment debtor to attend an examination, the application shall be in Form 3 and shall be accompanied by the following documents: 
(a) an affidavit of the sheriff that includes
(i) the name and address of the person who is to be examined,
(ii) a brief description of the basis on which the sheriff believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment,
(iii) a list of any documents that the sheriff believes the person has, or has access to, that may be relevant,
(iv) a statement that the clerk has issued an order authorizing the sheriff to proceed under section 56 of the Act, and
(v) a statement that the sheriff has delivered a demand for information under subsection 56(2) of the Act and that the information has not been provided;
(b) a copy of the order referred to in subparagraph (a)(iv); and
(c) a copy of the demand referred to in subparagraph (a)(v).
Examination – application
6(1)If a registered creditor makes an application under subsection 33(1) of the Act for an order requiring a judgment debtor to attend an examination, the application shall be in Form 1 and shall be accompanied by the following documents:
(a) a certified copy of the judgment;
(b) a verification statement issued under the Personal Property Security Act showing the registration of the judgment in the Personal Property Registry;
(c) an affidavit of the registered creditor that includes
(i) a statement that the applicant is the registered creditor,
(ii) the amount of the judgment, the amount of costs awarded, the interest rate applicable to the judgment, the total amount of any payments that have been made by the judgment debtor and the amount that remains outstanding,
(iii) a statement that the judgment debtor resides in the judicial district in which the application is being made, has a place of business there or has agreed to the examination being held there,
(iv) a statement that the judgment has been registered in the Personal Property Registry and that the registration period has not expired,
(v) a brief description of any attempts made by the registered creditor to obtain payment from the judgment debtor,
(vi) a statement of whether an enforcement instruction has been delivered to the sheriff and, if so, whether enforcement action is continuing or has been terminated and its results up to the time of the application,
(vii) a brief description of any property, income or other assets that the registered creditor believes the judgment debtor may have, and a list of any documents the registered creditor has that support this belief, and
(viii) a list of any documents that the registered creditor believes the judgment debtor has, or has access to, that may be relevant; and
(d) a copy of each document listed under subparagraph (c)(vii).
6(2)The fee for an application referred to in subsection (1) is $50.
6(3)If a judgment debtor fails to attend an examination or fails to provide complete and honest answers and a registered creditor makes an application for a person other than the judgment debtor to be examined, the application shall be in Form 2 and shall be accompanied by the following documents: 
(a) an affidavit of the registered creditor that includes
(i) the name and address of the person who is to be examined,
(ii) a brief description of the basis on which the registered creditor believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment,
(iii) a list of any documents that the registered creditor believes the person has, or has access to, that may be relevant, and
(iv) a statement of whether the clerk has issued a report under paragraph 37(1)(a) of the Act; and
(b) a copy of the report referred to in subparagraph (a)(iv), if applicable.
6(4)If a judgment debtor fails to attend an examination or fails to provide complete and honest answers and a registered creditor makes an application under paragraph 37(1)(c) of the Act for a person other than the judgment debtor to be examined, the registered creditor shall provide the following information to the clerk verbally under oath: 
(a) the name and address of the person who is to be examined;
(b) a brief description of the basis on which the registered creditor believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment;
(c) a list of any documents that the registered creditor believes the person has, or has access to, that may be relevant; and
(d) a statement of whether the clerk has issued a report under paragraph 37(1)(a) of the Act.
6(5)If the conditions of subsection 55(1) of the Act are satisfied and a sheriff makes an application under subsection 33(1) of the Act for an order requiring the judgment debtor to attend an examination, the application shall be in Form 3 and shall be accompanied by an affidavit of the sheriff that includes a brief description of the judgment debtor’s failure to comply with section 54 of the Act.
6(6)If the conditions of subsection 56(4) of the Act are satisfied and a sheriff makes an application under subsection 33(1) of the Act for an order requiring a person other than the judgment debtor to attend an examination, the application shall be in Form 3 and shall be accompanied by the following documents: 
(a) an affidavit of the sheriff that includes
(i) the name and address of the person who is to be examined,
(ii) a brief description of the basis on which the sheriff believes that the person has information about the judgment debtor’s property or ability to satisfy the judgment,
(iii) a list of any documents that the sheriff believes the person has, or has access to, that may be relevant,
(iv) a statement that the clerk has issued an order authorizing the sheriff to proceed under section 56 of the Act, and
(v) a statement that the sheriff has delivered a demand for information under subsection 56(2) of the Act and that the information has not been provided;
(b) a copy of the order referred to in subparagraph (a)(iv); and
(c) a copy of the demand referred to in subparagraph (a)(v).