Leslie M. Flemming

The applicant alleged discrimination in housing based on receipt of public assistance.

The respondent filed a Request for Order during Proceedings seeking disclosure of various invoices, a mechanics license, and utility records.

The Tribunal denied the request for the electronic equipment invoices, mechanics license, and utility records, finding them irrelevant to the discrimination claim.

However, the Tribunal ordered the applicant to produce any available invoices for cleaning products, as they were relevant to her claim for damages.

Both parties were also directed to comply with their remaining disclosure obligations.

The appellant, who was severely assaulted in his home, appealed the Criminal Injuries Compensation Board's decision denying him compensation.

The Board had found that the appellant's involvement in drug dealing inherently risked violence and thus barred his claim.

The Divisional Court allowed the appeal, holding that the Board erred in law by failing to properly apply the proportionality principle under s. 17(1) of the Compensation for Victims of Crime Act.

The Board was required to weigh the severity of the injuries against the contributory conduct and consider a reduced award rather than an automatic complete denial.