R. v. Catenacci, 2012 ONCA 187 deals with restitution orders and makes clear an inquiry as to ability to pay is a condition precedent to making an order.
As such orders are increasingly seen in criminal and quasi-criminal matters this principle is of significance:
[2] However, the restitution order cannot stand. The trial judge made no inquiries as to the appellant's ability to pay given the appellant's addiction, his sporadic employment and the type of employment he can obtain, this was not a case for the substantial restitution order. The order might well interfere with the appellant's rehabilitation.
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