More than a year later, Windsor fraud victim still waiting for $55K restitution — why so many Canadians go unpaid

Her case is a reminder that a restitution order is not the same as a cheque in the mail.

In Canada, a judge can order someone convicted of fraud to repay their victims as part of a criminal sentence — but the justice system doesn’t collect that money on the victim’s behalf. If the offender has failed to make a single payment, the victim is largely on their own to chase it down — which can occur years after the crime, and oftentimes after the offender has few assets left to seize.

For victims of fraud, a court order is only half the battle. While judges frequently order dishonest contractors, movers and other bad actors to repay their victims, actual payout rates remain critically low. Here is how court-ordered restitution works, why so many victims never see their money and how consumers can protect their deposits before hiring a service provider.

A restitution order isn’t a guarantee of payment

Under the Criminal Code, restitution can be ordered for losses that are easy to calculate and document, such as a stolen deposit or damaged property. It becomes part of the offender’s sentence.

But unless restitution is tied to probation or a conditional sentence — where a supervising officer oversees payments — the money is owed directly from the offender to the victim, not through the court. If the offender misses a payment, or simply doesn’t pay outright, the Crown does not step in to collect it.

Why so many restitution orders go uncollected

If an offender defaults, the Criminal Code allows a victim to file the order with a civil court and enforce it the same way as any other civil judgment. In practice, that means pursuing wage garnishment, property liens or asset seizure — the same slow, costly process any Canadian would face collecting an unpaid personal debt.

That only works if the offender has income or assets worth seizing. Many don’t, particularly by the time a fraud case has worked its way through the courts. And it’s the victim, not the government, who covers the legal costs and legwork required to enforce the order.

Contractor deposits are a common blind spot

Home renovation fraud tends to follow a familiar pattern: A homeowner pays a large deposit upfront, the work is delayed or never starts, and the contractor disappears with the money. In one separate Windsor-area case from 2024, police say a contractor defrauded 10 homeowners out of nearly $600,000 by collecting deposits ranging from $20,000 to $115,000 for projects that were never completed. Pools, roofing, decks and major renovations — anything with a significant upfront cost — are especially attractive targets, because the deposit is usually gone long before a homeowner realizes something is wrong.

How to protect a deposit before paying it

• Never pay the full amount upfront — a 10% to 30% deposit is standard, with the rest of the balance tied to completed work
• Get a written contract that spells out a payment schedule, start and completion dates and the materials to be used
• Confirm licensing, insurance and Workplace Safety and Insurance Board (WSIB) coverage before signing anything
• Pay by credit card or e-transfer, not cash, and keep every receipt, invoice and text message
• Ask for local references and check the contractor’s name against small claims and provincial court records

What to do if restitution hasn’t arrived

• File the restitution order with a civil court to convert it into an enforceable judgment
• Contact provincial victim services; some offer help tracking down offenders or navigating enforcement
• Use a civil enforcement office (sheriff or bailiff) to explore garnishment or liens once judgment is registered
• Keep every document from the original criminal case — it will be needed again in civil court

A restitution order is a court’s acknowledgment that money is owed — not proof that it will be paid. For Canadians who’ve lost a deposit to fraud, the more realistic plan is to treat restitution as the first step in a separate, often lengthy civil collection process, and to put the protective habits above in place before signing a contract, not after.