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     *2022 Results: Approx. 99% of Mark Zinck's clients avoided a criminal record (conviction) for charges of theft, fraud, assault, mischief and threats.

Restitution in Canadian Criminal Cases

Restitution is when the criminal court requires a convicted criminal to pay a sum of money to his victims to compensate them for their financial losses resulting from the crime.

Restitution Order with Criminal Sentence

Restitution is ordered at the time of sentencing and is considered part of the sentence. The purpose of restitution is to provide compensation to the victim(s) and also as punishment to the accused.

In Canada, an offender to not supposed to profit from his crimes and restitution is a mechanism that helps prevent profiting from criminal acts. It is important to note that restitution is not meant to be a replacement for civil lawsuits and is to be applied in a way that shows restraint and caution (R. v. Castro, [2010] O.J. No. 4573).

Offender's Financial Ability to Pay


Unlike in a civil lawsuit proceeding, the offender's ability to pay is considered. If restitution would negatively impact an offender’s ability to rehabilitate himself, the court may not order it at all (or may order a reduced amount). Keep in mind, the victim may still sue the offender in civil court for the remainder of their losses (where ability to pay is not a factor).

Cases involving complex frauds may also not be appropriate for restitution if significant forensic accounting is required to determine the amount of the loss. In Castro, the Ontario Court of Appeal found that restitution is “not the appropriate mechanism to unravel involved commercial transactions.” The appropriate mechanism is instead a civil lawsuit.

For matters where the loss is easily determined and restitution will not severely impact the rehabilitation of the offender, restitution provides a quick and efficient means of recovery for the victim.

In cases of theft where the proceeds of the crime are readily available, a quick restitution order is extremely beneficial. Without restitution, many victims would be forced to spend thousands of dollars pursuing lengthy civil lawsuits (by which time the proceeds of the crime may have vanished anyway).

If you have been charged with fraud, theft, robbery, or any other that has resulted in your enrichment, there is a good chance restitution will be part of your sentence. Restitution orders can range from only a few dollars to millions depending on the facts of the case. Recently in R. v. Moore, 2010 ONCJ 579, the Ontario Court of Justice ordered restitution in the amount of $250,000.00. In that case, the offender had an income of approximately $100,000 per year. This is a good case to read on the current law of Restitution in Ontario.

If you have been charged with a crime where restitution is a possible outcome at sentencing, arguing against your financial ability to pay is important. Factors like your current debt, income, expenses, having medical conditions that damage your ability to pay, and the costs of supporting your family are important to highlight.



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Have a skilled criminal lawyer who focuses on criminal law protect you and your future from the stigma and consequences of a criminal record and conviction.


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Your case will be defended by a fully licensed Practicing Lawyer of the Law Society of Ontario. For more information about our lawyer, click here.

We provide our clients with:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration/IRCC issues
  • Employment background check advice/services
  • Fingerprints and records destruction services
  • Clear goals of getting charges dropped and bail conditions varied without a trial
  • Vulnerable Sector records suppression help
  • Experienced, focused counsel

* Please note:

If you are not a paying client, we cannot answer questions and provide assistance about avoiding jail and/or a criminal record, employment background checks, IRCC/immigration applications and status, or travel to the U.S. in the future. This includes those who have already retained other counsel and those whose cases have already been completed.

We only can respond to calls and emails relating to current Ontario criminal cases. Please see our FAQ for a listing of the courthouses we service.


Are you a lawyer? If you are defending a criminal case and are looking for expert advice regarding possible defences, case strategies, and information release management call us at: 647-228-5969.

Please note: We do not accept legal aid certificate cases. All clients are handled on a private retainer only.

*2022 Results: the percentage of 99% of clients avoiding a criminal record (conviction) stated on this page is based solely on Lawyer Mark Zinck's personal representation of approximately 2000 criminal defence case clients as of the year 2022. Past results are not necessarily an indication of future results.


 

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   We provide:
  • Flat fee pricing
  • 99%+ non-conviction success rate
  • U.S. travel advice and information
  • Help with related immigration/IRCC issues
  • Employment background check advice and services
  • Fingerprints and records destruction services
  • A clear goal of getting the charges dropped without a trial
  • Vulnerable Sector records suppression help
  • Timely resolutions
  • Lawyer/client privilege
  • Experienced, focused counsel