(Re) 1902-00717, 2020 ONCICB 24

Criminal Injuries Compensation Board

Adjudicator: Guy Savoie

Date: October 7, 2020

Indexed as: (Re) 1902-00717

RECONSIDERATION DECISION

Introduction

1The Criminal Injuries Compensation Board (CICB) dismissed this Application as abandoned because the Applicant failed to appear at the scheduled hearing. The Decision was issued on June 12, 2020.

2The Applicant requests the CICB use its discretion to initiate a reconsideration of the Decision because he did not receive notice of hearing. The Applicant advises that he was incarcerated at the time of the hearing. The notice of hearing was sent to […] Correctional Centre however he had been transferred to […] Correctional Complex and did not receive the notice.

3Rule 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.

Decision

4I find it advisable and appropriate to initiate a reconsideration of the Decision. My reasons follow below.

5In 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.

6Based on the Applicant’s submissions, I am satisfied that the Applicant did not receive notice of the hearing through no fault of his own. Accordingly, I find it appropriate to initiate a reconsideration of the Decision in the interest of procedural fairness and natual justice.

7Given these reasons, it is necessary to conduct a fresh hearing of the Application. The CICB will issue a Notice of Hearing and will process this matter expeditiously.