Federal Courts Rules

Marginal note:Examinations

• 426 (1) A person who has obtained an order for the payment of money may

  • (a) conduct an oral examination of the judgment debtor or, if the judgment debtor is a corporation, of an officer of the corporation, as to the judgment debtor’s assets; and

  • (b) bring a motion for leave to conduct an oral examination of any other person who might have information regarding the judgement debtor’s assets.

• Marginal note:Service of notice of motion

  (2) In respect of a motion brought under paragraph (1)(b), the notice of motion shall be served on the judgement debtor and personally served on the person to be examined.

• Marginal note:Criteria for leave

  (3) On a motion brought under paragraph (1)(b), the Court may grant leave to conduct the oral examination and determine the time and manner of conducting the examination, if it is satisfied that

  • (a) the person to be examined may have information as to the judgment debtor‘s assets;

  • (b) the moving party has been unable to informally obtain the information from the person to be examined or from another source by any other reasonable means;

  • (c) it would be unfair not to allow the moving party to conduct the examination; and

  • (d) the examination will not cause undue delay, inconvenience or expense to the person to be examined or to the judgment debtor.