(Re) 1805-01845, 2019 ONCICB 57

Criminal Injuries Compensation Board

Adjudicator: Guy Savoie
Date: April 1, 2019
Indexed as: (Re) 1805-01845

RECONSIDERATION DECISION

Introduction

1The Criminal Injuries Compensation Board (CICB) issued an Order of Dismissal on March 11, 2019. The Applicant requested reconsideration of the Decision.

2The reconsideration was conducted in writing on the basis of materials in the CICB file and new emails received from the Applicant after the Order of Dismissal was issued.

Decision

3The CICB denies the reconsideration for the reasons that follow.

Test for Reconsideration

4Rule 19.3 provides the CICB with the discretion to reconsider its decisions where it is satisfied that:

a. There are new facts or evidence that could potentially be determinative of the application and that could not reasonably have been obtained earlier; or

b. The party seeking reconsideration was entitled to but, through no fault of its own, did not receive notice of the proceeding or a hearing; or

c. The decision is in conflict with established jurisprudence or CICB procedure and the proposed reconsideration involves a matter of general or public importance; or

d. Other factors exist that, in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions.

5Reconsideration is a discretionary remedy; there is no right to have a decision reconsidered. Reconsideration is not an appeal or an opportunity for a party to repair deficiencies in the presentation of its case. The CICB's decisions are final and are subject to appeal only on questions of law. Therefore, the CICB will only reconsider a decision where it is satisfied the tests in Rule 19.3 are met and where these circumstances outweigh the public interest in finality of orders and decisions.

6The Applicant relies on Rule 19.3(a) in support of the request.

7The CICB is not satisfied the new evidence presented by the Applicant meets the requirements of Rule 19.3(a) because the submissions received do not provide any clarity with respect to the Applicant’s claim. The Notice of Intent to Dismiss outlined that the claim lacked certain details required by the CICB in order to assess the claim. Despite the new evidence, the details are still missing. As a result, there appears to be no reasonable prospect that compensation would be ordered.

8For these reasons the request is denied and the original Order of Dismissal is confirmed.