CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Hearing Date: January 31, 2019
Indexed as: (Re) 1802-00755
DECISION
Preliminary matters
1The CICB wishes to extend its sympathies and condolences to the Applicant and through her to other family members of the Victim for this tragic loss.
INTRODUCTION
2The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking retroactive and prospective compensation for the loss of financial support as a result of the death of her husband from a crime of violence, which occurred in 2017. The Applicant’s husband later died on due to the impact of the injuries that he sustained.
DECISION
3In accordance with the Compensation for Victims of Crime Act, RSO 1990, c C24, as amended (CVCA), the CICB grants the Application. The reasons for this Decision follow below.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
DOCUMENTARY Evidence
5The Applicant provided a marriage certificate to the CICB to indicate that she was the Victim’s spouse.
6The police report indicates that the Victim died as a result of Aggravated Assault committed against him while he was working as a security guard. There is no evidence on record to suggest that the Victim’s conduct, directly or indirectly, contributed to his death. The accused was convicted in this matter.
7The Applicant submitted a claim for loss of financial support due to the loss of income from the deceased. The Applicant claimed that the Victim’s average income that he was contributing towards the household, at the time of the latter’s death, was $3,455.00 per month.
8Now, with his death, the WSIB is paying 60% of the Victim’s salary to the Applicant, which comes out to be $2,073.00. In addition, the Applicant is receiving $362.00 as CPP survivor’s benefit. The Applicant is not claiming any other expenses or losses.
9The Applicant submitted documents that showed that she received a lump sum amount of $40,661.00 from the WSIB. The WSIB also covered full funeral and burial expenses.
ANALYSIS
Crime of Violence
10A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction in this case, the CICB accepts that the Victim was a victim of a crime of violence within the meaning of subsection 5(a) of the CVCA.
11The Applicant is required to prove, on a balance of probabilities, that the Victim was responsible for the support of the Applicant, a dependent.
Compensation
12Where a death has occurred as a result of a crime of violence, family members of the Victim may be eligible for certain compensation under the CVCA. One of such compensation is for loss of financial support that the Victim had been providing to the Applicant, within the meaning of subsection 5(f) of the CVCA.
13While assessing the award for loss of financial support, the CICB considered the Victim’s average monthly earnings at the time of his death, which was $3,455.00. The guidelines of the CICB and its usual practice in this context are to consider 80% of the Victim’s income as a contribution towards the family household. As such, an amount of $2,764.00 per month would be considered the Victim’s income per month for the purpose of this matter.
14The Applicant notified the CICB that the WSIB was paying 60% of the Victim’s salary at the time of his death to the Applicant. In addition, the Applicant is receiving $362.00 from the CPP survivor’s benefit. Thus, the total amount that the Applicant is receiving per month from the Victim’s sources comes out to be $2,435.00 ($2,073.00 + $362.00 = $2,435.00).
15In light of the available evidence and calculations made on that basis, the CICB finds that the Applicant is sustaining a monthly net pecuniary loss of $329.00 ($2,764.00 - $2,435.00 = $329.00).
16The CICB is obligated to consider and take into account any money paid or payable to the Applicant from any source other than general welfare assistance or family benefits, in accordance with subsection 17(3) of the CVCA, which reads as follows:
17(3) In assessing compensation, the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the applicant from any source other than general welfare assistance or family benefits
17The CICB is entitled to consider the amount of $40,661.00, which the Applicant received from WSIB. After considering and taking into account the volume of this amount, the CICB must determine either to deny compensation or award compensation or award a reduced amount of compensation.
18Having reviewed the evidence in its totality, the CICB has determined to compensate the Applicant for the difference between what the deceased earned and what WSIB is covering.
19Therefore, having considered all of the documentary evidence, the CICB awards periodic payments to the Applicant for net loss of financial support by way of a monthly payment in the amount of $329.00, effective the date of the Victim’s death, which was September 13, 2017.
20These periodic payments in the amount of $329.00 per month shall be paid to the Applicant on the first day of each month and continue until the CICB, in its discretion, makes a decision to terminate it.
21The CICB notes that periodic payments for income loss support shall cease not later than when anyone of the following occurs: when the Applicant remarries, when the Applicant turns 65 years old, when there has been a change in the Applicant’s financial circumstances or financial status or when it is reasonable to assume that the Victim would have stopped earning an income.
22The above mentioned monthly periodic payment in the amount of $329.00 shall be subject to a review by the CICB where the Applicant will be required to provide relevant documentation to verify the income she receives from the Victim’s sources. The first of such reviews shall take place on or around March 2021 or at such other time that the CICB may deem appropriate.
23Given that the Applicant sustained the loss of financial support as of September 13, 2017, the CICB awards the Applicant a lump sum payment in the amount of $5,779.43 as retroactive monthly periodic payments for the period between September 13, 2017 and February 28, 2019, which represents 17 months and 17 days @ $329.00 per month.
24The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered, but also finds the amount of this award to be reasonable within the context of the CVCA.
AWARD
25The CICB orders retroactive compensation as follows:
Subsection 7(1)(a) Loss of financial support (retroactive) $5,779.43
TOTAL CURRENT AWARD $5,779.43
26THE CICB ORDERS the following be paid immediately to:
The Applicant $5,779.43
27THE CICB ORDERS periodic payments to be paid to the Applicant as follows:
Periodic payments of $329.00 per month, pursuant to subsection 7(1) (a) of the Act, effective March 1, 2019 and continuing on the first day of each month according to the conditions set out previously in this Order and subject to review in March 2021 or at such other time that the CICB may deem appropriate.
Dated at Toronto, Ontario this 31st of January 2019.
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M. Saleem Akhtar, Adjudicator