View Full Version : Restitution payments by court order in Canada
Nov202012
Nov 20, 2012, 07:50 PM
I appealed a court order... I got 6 years and restitution of 2.7 million here in Canada. Today though I was unprepared the 3 panel of judges would not give me more time to prepare as I was incarcerated most of the previous 6 months.
How does this restitution work.. I am told I als going to lose my home and car if I lose my right to Appeal.. which I did.. I feel I should Appeal to the Supreme Court so I can submit what I was going to submit to the Appeal Court today. However with this restitution order now in effect I assume.. how much time do I have to clear out my things from the house?
But does restitution include the contents and my person items, valuables and keep sakes?
When would they take my car? If I Appeal does this stop the seizures?
Bruce
Nov202012
Nov 21, 2012, 09:32 AM
Can anyone answer that question.. I have court order of restitution which I had stayed until my Appeal.. I lost... now what happens.. is my home and contents seized or do I have time to clear my things out.. who do I contact.. here in Toronto Ontario Canada?
smoothy
Nov 21, 2012, 09:51 AM
You have to be patient and wait for someone familiar with the Canadian legal system to read this and respond... being this is an international site most users are in different countries with different legal standards.
AK lawyer
Nov 21, 2012, 10:10 AM
I doubt that even a Canadian lawyer will be able to help OP. It will depend on the terms of the order of restitution and of the stay pending appeal. I would look at the restitution order to determine if it, by itself, acts as a writ of execution. It is more likely, in my opinion, that a writ will be necessary before the personal possessions can be seized, but I don't know.
Nov202012
Nov 21, 2012, 11:12 AM
I doubt that even a Canadian lawyer will be able to help OP. It will depend on the terms of the order of restitution and of the stay pending appeal. I would look at the restitution order to determine if it, by itself, acts as a writ of execution. It is more likely, in my opinion, that a writ will be necessary before the personal possessions can be seized, but I don't know.
It was mentioned in court with the restitution payment back in 2010.. never saw anything in writing... yet
This restitution order was stayed by my Appeal since 2010 which I lost yesterday as I could not get an adjournment to get my files 7 hours away from where they put me on parole and they would not give access to my home during this period prior to the Appeal being heard. I need a travel permit.
The panel was not sympathetic and would not adjourn even for 24 hours. I continue to stay on parole at a halfway house here in Toronto for 6 months when I should be on full parole and able to go back to my home.. if still there?.
The restitution is a serious concern because I do not know when they will seize my home.. can I get some friends to clean it out now?. I have the car cleaned out just in case a tow truck shows up all of sudden.. not sure how this all works.. then again who do I contact to find out how and when this will play through?
JudyKayTee
Nov 21, 2012, 02:07 PM
The person to ask is a Canadian Attorney -
Nov202012
Nov 22, 2012, 08:29 AM
I have no funds to pay an attorney... that is why I am on this site asking..
JudyKayTee
Nov 22, 2012, 09:37 AM
Who told you this: "..I am told i als going to lose my home and car if I lose my right to Appeal..which I did..I ..."?
You were ordered to pay $2.7 million, are facing loss of your home and car and don't have funds to The Attorney who handled the appeal would know.
Your personal property can be seized in order to pay restitution - my thinking is that if it's not now, it will be later.
The Canadian firm which posted some time ago has left this site. I'll try to contact that firm but don't know if they'll answer.
Nov202012
Nov 23, 2012, 10:22 AM
JudyKayTee.. thank you... I have nothing in writing saying how or when the restitution kicks in.. I am expecting my house to be broken into and everything cleared out and or my car toed away without notice. It is a scary situation..