Two years ago this tenant won a $50,000 claim against her landlord for a bedbug and raccoon infestation — she’s still waiting for him to pay up

It's not every day a tenant takes their landlord to court and wins.

So when Maiesha Abdelmoula was awarded more than $50,000 in damages in a default judgment after a year and a half of trouble that allegedly involved bedbugs, raccoons, frozen toilets and a break-in, she was surprised to find that, hard as it was, winning her case was the easy part - actually getting the money was where things got tough.

Even though her landlord was ordered to pay her $50,000, he hasn't paid. And more than two years later, she's still waiting.

I don't really know if I'm ever going to get my money," said Abdelmoula. I'm trying to stay optimistic."

For tenants like Abdelmoula who have been awarded damages, getting the defendant to pay up can be a lengthy process.

I am in awe of how there is so little enforcement in terms of tenant rights, if I had owed my landlord $50,000 in rent, I would've been evicted in an instant," wrote Abdelmoula in an email.

Lawyer Benjamin Ries of Downtown Legal Services said once damages have been awarded, the onus of enforcement falls mainly on the winning party, and it can be a frustrating and expensive process.

From the day she moved into the apartment in February 2015, Abdelmoula alleges there were major problems with her top-floor unit, beginning with a frozen toilet and icicles hanging from the bathroom sink. Her space heater tripped the circuit breaker whenever she plugged it in, so she turned on the oven and left the door open and ran a fan in front of it.

Abdelmoula alleges her landlord, Michael Chen, didn't fulfil his duties to take care of these problems, or others that followed.

Chen disputes Abdelmoula's allegations, saying in an email that she is totally lying." He said he had professional inspections done, and he arranged for things to be fixed if a tenant complained.

The ice and electricity were just the beginning, Abdelmoula alleges; there was also a raccoon infestation that wasn't dealt with properly, as well as a break-in. Abdelmoula says her possessions, including a spare key, were stolen, but her landlord wouldn't change the locks.

Chen disputes these allegations, saying there were no signs of a break-in.

The final straw was the bedbugs, according to Abdelmoula - she first noticed the infestation in December 2015. She said she spent the next several months afraid to go to sleep. Her landlord sprayed the unit himself but not the whole house, she said, adding he only brought in a professional months later after she registered a complaint with the city. Chen in an email said two apartments had a professional treatment done.

The bedbugs became a catalyst for a mental health crisis, said Abdelmoula, resulting in her being unable to work.

She moved out in June 2016 and in 2017 sued Chen for a variety of damages in Ontario Superior Court.

In January 2019, in a default judgment, Abdelmoula was awarded more than $50,000 in damages. A default judgment is given when one party fails to do their part in the case; the judge's decision notes nobody appeared on behalf of the defendant, nor did he contact the plaintiff or her counsel. The judge wrote that she is satisfied Chen was given notice and an opportunity to respond.

When asked about the judgment and why he hasn't paid Abdelmoula, Chen says he never heard from the Superior Court, and never heard about the judgment.

Once you're at the enforcement stage, you have a couple of options, such as obtaining a writ of seizure and sale or garnishing the debtor's wages, said Ries. But to take these steps, you need the right information. For example, you should ensure you know who owns the property - is it the landlord themselves, or a company? If you're wrong about who or what your debtor is, you might be too late to get your money, said Ries.

Toronto lawyer Caryma Sa'd said it's not uncommon for the winning party to have to go after their debtor.

(Sa'd represented Abdelmoula in her Superior Court case, but is not representing her for the enforcement process. She did not comment on the particulars of Abdelmoula's case.)

Getting a writ of seizure and sale on the property owned by the person owing you money is one option, said Ries. If the property owner tries to sell the property, they will be forced to pay you back first. This could take months, years, or a lifetime, acknowledges Ries. That's why after a certain period you can ask the court to force the sale of the property.

But Sa'd said it's rare for a property sale to be forced, as the courts aren't eager" to do it, and it's expensive.

Abdelmoula said she has obtained a writ on the property she lived in and attempted to force the sale, but the pandemic has held up the enforcement process. Chen said he is unaware of the writ.

Another option is to garnish the debtor's wages, or another source of income, said Ries. Their employer or bank can be made to pay you directly via a notice of garnishment. To do this you need information on their employer or the specific branch where the debtor banks, he said.

The third option, often done before a writ or garnishment, is called a judgment debtor examination. The debtor is called into court for an interrogation under oath, and can be asked questions about their financial details and other things, details which can be used to support a writ of seizure and sale, or a notice of garnishment, said Ries.

Sometimes the examination itself is enough to make the debtor pay up, or to prompt a deal, Ries said.

Sending someone to a collections agency is another option and the most hands-off" approach, said Sa'd. However, the agency will take a cut of the money if they are successful, and success isn't guaranteed.

Not everyone can afford to take these routes, said Ries, especially if the amount owed is relatively small.

The system gives the debtor a lot of chances and time, said Ries - and the onus is on the plaintiff to keep chasing after them.

The question is, why can't you just grab this person and force them to pay?"

This process was designed for situations opposite to Abdelmoula's, Ries said: the more powerful party, like a landlord or a credit card company, chasing after an individual who may not be able to pay them. That's why the process is so forgiving toward the debtor, he said.

In the debtor position it's more often a person who also lacks a lot of power," he said.

Ries believes it's high time" Ontario considered adapting the system, making it easier for people like Abdelmoula to get money owed.

We write our laws as though people are going to follow them," he said.

Rosa Saba is a Toronto-based business reporter for the Star. Follow her on Twitter: @rosajsaba