CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Christine McGoey, Veda Rangan
Indexed as: (Re) 1802-00480
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for support of her minor grandchild, arising from the death of the grandchild’s father. The Applicant is seeking the following forms of compensation: loss of support for a dependent of a deceased victim.
Decision
2In accordance with sections 5(f) and 7(1)(a) of the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $572.38 a month. The reasons for this Decision follow below.
Hearing
3The Applicant appeared by teleconference and provided oral testimony and submissions. The officer who investigated the killing of the Deceased also testified by teleconference. In addition the panel considered documentary evidence which included the application; court documents relating to the custody of the Dependant, and police and media reports relating to the death of the Victim.
Evidence
4The police witness testified that the investigation did not reveal a motive for the killing; however, because the individual suspected of being responsible for the killing committed suicide, no charges were laid. Nevertheless, it is clear that the Deceased died as a result of a crime of violence. According to the officer there was no evidence to suggest that the behavior of the Deceased contributed to his death. As a result, we are satisfied that section 17(1) of the CVCA does not apply.
5The Applicant testified that the CAS had been involved in Dependant’s life since he was almost two years old, due to ongoing issues relating to substance use by his mother and domestic violence perpetrated by the Deceased. When the Dependant was born the Deceased was incarcerated and the child and his mother stayed with the Applicant until he was 8 or 9 months old. When the Dependant was almost 2 he was apprehended by the CAS and the Applicant helped out with his care. His mother also participated in his care. According to the Applicant the Deceased saw the Dependant regularly in 2011 but stopped seeing him in 2012. He contributed the cost for the Dependant’s participation in hockey over one year but not much more. The Deceased had entered into another relationship and had two other children at the time of his death.
6The Deceased was killed on [..] . By court order May 6, of 2018 the Applicant was awarded full custody of her grandchild. The Applicant will be receiving a child tax credit of $249.29 a month to contribute to the expenses of raising her grandchild. Her daughter, the minor’s mother, has not contributed financially to his care since the Applicant was awarded custody and lives quite far away. She is in contact with the Applicant and her son. There is no adoption order.
Analysis
7We find that the Applicant, as the person awarded custody of the minor child, is entitled to support for his care. She has assumed responsibility for the care of the Dependent, including complete financial responsibility.
8When considering an expense claim to raise children of the deceased, the CICB must consider what level of expenses it is reasonable to incur under the circumstances. It is the CICB’s practice to consider the average cost as $750 a month for one child. In the circumstances before us we see no reason to depart from our usual practice. Any benefits received for the child are deducted from the amount. The maximum allowable compensation for any periodic payment is $1,000.00 a month for all of the children. In this case, at this point, we understand that the two other children of the deceased have not applied for compensation and may be in a different position as a result of their particular circumstances. In the absence of evidence or an application in that regard, we will not prorate the award. Should there be such a change in circumstances which results in an award to the deceased’s two other children, the current award may be subject to a reduction.
9In this case we will deduct the $249.29 a month which the Applicant anticipates she will receive as a federal child tax credit from the $750.00 a month outlined above, with the result that we will award $500.71 a month for expenses for the minor child, retroactive to May 6, 2018. The Applicant also receives a social benefit for the care of the child of $274.00 a month. That amount is not deducted from this award. If the amount of the child tax credit changes the Applicant is required to notify the CICB.
10The periodic payment for the minor child will generally cease and the Applicant is required to notify the CICB if any one of the following occurs:
The child attains the age of 18 years, or 21 if enrolled in a full-time educational program and is still being financially supported by the Applicant
The child is no longer enrolled in full-time attendance at an educational institution;
The child no longer resides with the Applicant;
The child becomes financially independent;
The child is legally adopted
11The CICB orders compensation as follows:
Subsection 7(1)(c) Retroactive payments May 6-31 $419.95
Subsection 7(1)(c) Retroactive payments June/18-April/19 $5,507.81
Total Retroactive Award $5,927.76
Subsection 7(1)(c) Dependency Expenses
$ 500.71/month commencing May 1, 2019
12The CICB orders the following be paid immediately to:
Applicant
$5,927.76
Applicant
$ 500.71/month commencing May 1, 2019 pursuant to section 7(1)(c), subject to review on June 2020.
Dated at Toronto on April 3, 2019
Christine McGoey, Board Member
Veda Rangan, Board Member