Car break in liability

My car was broken into, window broken, personal items stolen. Insurance covers some of the damage but not all. The Police caught the individual who did the damage - can I get the remaining money from him since he's been charged the crime?

Asked over 5 years ago in Toronto, Ontario
Categories: Civil Litigation  Criminal Law

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Andrew Captan

Answer by Andrew Captan

Not VerifiedOntario lawyer

There is no requirement that the Crown, as part of any punishment imposed in the criminal court setting, must seek restitution order to be paid to the complainant in a criminal matter.  Further, even if the accused is found guilty for the offences with which s/he has been charged, and even if the Court imposes a restitution order, the order is usually labeled as "free standing", which means that you will have to recover the money in a civil claim.
Andrew Captan,
Barrister, Solicitor & Notary Public | 
603 1/2 Parliament Street, Toronto, ON, M4X 1P9 |
T: 647.878.6355 | E: | W: | 

Posted over 5 years ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Andrew Captan, or search the Lawyer Directory.

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