Re 1803-01093B, 2020 ONCICB 19

Criminal Injuries Compensation Board

Adjudicator: Guy Savoie

Date: August 18, 2020

Indexed as: (Re) 1803-01093B

RECONSIDERATION DECISION

Introduction

1The Criminal Injuries Compensation Board (CICB) heard this Application and issued its Decision on July 9, 2020 dismissing the claim funeral expenses because the Applicant failed to provide supporting documentation.

2The Applicant requests the CICB use its discretion to initiate a reconsideration of the Decision because evidence submitted to the CICB prior to the written hearing was not provided to the Member.

3A review of the record reflects that the Applicant submitted receipts for the funeral expenses incurred; however, those documents were not placed on the electronic file in error.

4In an administrative oversight, the Applicant’s receipts were not provided to the Member conducting the written hearing.

5In its Decision, the CICB denied the Applicant’s claim for loss of income for the caregiver stating:

The Applicant did not produce any documentation to verify any of her claims.

6Rule 19.4 of the CICB’s Rules of Procedure provides that the CICB may initiate a reconsideration of a decision of a single member or a panel where it considers it advisable and appropriate to do so.

7The reconsideration was conducted in writing on the basis of materials in the CICB’s file.

Decision

8I find it advisable and appropriate to initiate a reconsideration of the Decision to consider the Applicant’s request for compensation for funeral expenses for her son. My reasons follow below.

9In determining whether to grant or deny a reconsideration upon initiating the reconsideration process, the CICB must be satisfied that there are new facts or evidence that could potentially be determinative of the application and that could not reasonably have been obtained earlier, or 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 the decision is in conflict with established jurisprudence or CICB procedure and the proposed reconsideration involves a matter of general or public importance, or other factors exist that, in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions.

10Given that the Applicant provided evidence to the CICB and that material was not provided to the Member to consider prior to the written hearing, I am satisfied the decision is in conflict with CICB procedure and in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions. The scope of the reconsideration will be limited to the issue of funeral expenses.

11The Applicant provided receipts for funeral expenses in the amount of $8,067.32 and $9,576.75 for the gravesite and grave marker.

12The Applicant received $10,000.00 from the Financial Assistance for Families of Homicide Victims program (FAFHV).

13Given the requirements of section 17(3) of the CVCA, the CICB must consider any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance. As such, having considered the Applicant’s claim in respect to funeral expenses, the CICB finds such costs to be both reasonable and within the context of the CVCA but will award $7,644.10 for such costs given the amount that was already received from the FAFHV.

14The CICB finds that the prior compensation award to be a reasonable and appropriate and the award does not change except for a new award for funeral expenses.

Award

15The CICB makes the following award effective immediately:

Subsection 7(1)(a) Expenses – Funeral $ 7,644.10

Payment

16The CICB orders the following be paid immediately to:

Applicant

$ 7,644.10