(Re) 0010-22763, 2017 ONCICB 139

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: M. Saleem Akhtar

Date: June 03, 2017

Indexed as: (Re) 0010-22763

SECTION 25 PERIODIC REVIEW

ORDER

INTRODUCTION

1Pursuant to section 25 of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”), this is a Review Hearing to consider periodic payments in the amount of $554.00 per month being received by the Applicant.

DECISION

2The CICB determines that the periodic payments in the amount of $554.00 per month, pursuant to subsection 7(1)(b) of the Act, would continue, subject to a review by the CICB in May 2018 or at such other time as the CICB may deem appropriate.

ISSUE

3The Applicant is currently receiving monthly periodic payments in accordance with an Order of the CICB dated October 16, 2001. In this Order, the Applicant was found compensable for injuries, both physical and emotional, as a result of a crime of violence committed against her on [date], 2000, and was awarded compensation.

4Pursuant to section 25 of the Act, the CICB may, at any time on its own initiative, vary an Order for compensation in such a manner that it deems appropriate. The issue at this hearing is whether the periodic payments ought to be continued, varied or terminated.

ORIGINAL ORDER

5In the Order of the CICB dated [date], 2001, the Applicant was found compensable for the injuries she sustained as a result of a crime of violence and was awarded compensation as detailed below:

a) $2,410.00, pursuant to subsection 7 (1) (b) of the Act, for loss of income, representing retroactive payments for the period from January 2001 to October 2001;

b) $10,000.00 pursuant to subsection 7(1) (d) of the Act, for pain and suffering;

c) Periodic payments in the amount of $241.00 per month, pursuant to subsection 7(1) (b) of the Act, for loss of income, effective November 01, 2011;

d) The Applicant is required to notify the CICB of any change in her income status / circumstances regarding her ability to return to full time employment.

6Currently, the Applicant is in receipt of a monthly payment of $554.00 in light of the CICB Order dated March 10, 2006, and pursuant to subsection 7(1) (b) of the Act.

HEARING

7The Applicant appeared at the hearing on May 17, 2017 and provided sworn oral testimony.

Applicant’s Oral Testimony

8In her sworn oral testimony, the Applicant stated her “medical condition has not changed much, though, she has started working part-time at a friend’s company.” She added that this is supported by her Family Physician’s report, already provided to the CICB. The Physician wrote in the report that the Applicant suffers from “agoraphobia, panic disorder and headaches.” She told that she started working a few months ago “two days per week, and that too, was neither consistent nor permanent.”

9Referring to the Periodic Review Questionnaire, the Applicant stated that her total income from all sources (from CICB, ODSP and part-time job) is $2,828.20 per month. Against this, her heads of expenditure total up to $3,111.36 per month. She added that the expenses she had mentioned in the questionnaire were relatively conservative; for example, she has not included some very basic things/items such as clothing, shoes, internet, and occasional entertainment such as going to a movie etc. She also testified that her husband was not working due to his shoulder injury. Hence, there is no other source of income in the near future. She added things might change in December 2017 or early 2018 if her husband’s surgery went well and if he went back to work. In the meantime, she would also see if she could increase the number of job hours or maybe she could land a permanent job. If the things turned out to be the way she hoped, she would have more income and, then, she would advise the CICB herself and request to terminate assistance, with a note of thanks. At this moment, she also expressed her gratitude to the CICB for helping her at a time when she desperately needed assistance.

10The Applicant pleaded that it would be devastating for her if $554.00 were to be taken away by the CICB at this juncture of her life. It would “add enormous misery to her already miserable and painful life and fragile financial situation.” It would be “a huge financial pressure and hardship on her, which may impact negatively on her health.” She further pleaded

(…) not to consider $557.32 to $708.41 included in the Questionnaire as regular income because it was not a regular and consistent income at this point in time. If it did, she would inform the CICB, and then, the CICB could make an appropriate variation at the time. She requested the CICB to wait for one year before taking any further action.

ANALYSIS AND DECISION

11In every case before it, the CICB is required to determine what the relevant circumstances are and to decide, on a balance of probabilities, whether to grant or deny compensation including periodic payments having regard to those circumstances. There is no automatic right to compensation under the Act. There is only a right to apply for compensation, which may be granted or refused at the discretion of the CICB, in accordance with natural justice. Sheehan and Criminal Injuries Compensation Board (1975), 1974 439 (ON CA), 5 O.R. (2d) 781. The Act is not intended to make a victim for compensation whole or to provide full indemnity to a victim. Awards are not paid by the wrongdoer as would be the case if a victim pursued compensation through a civil action. As such, not all injuries warrant compensation. As was noted by the Divisional Court in Pitters v. Ontario (Criminal Injuries Compensation Board), [1996] O.J. No. 4339 (Div. Ct):

The nature of the dispositive authority conferred upon the Board by the Act evidences a legislative intention to accord to the Board a substantial measure of discretion. Under section 5 of the Act, the Board "... may make an order that it, in its discretion exercised in accordance with this Act, considers proper." The breadth of the statutory discretion is underscored by the use of the permissive "may" and "in its discretion". The only substantive qualifier on the exercise of discretion by the CICB is that it must be "in accordance with this Act". No enumerative list of factors informs the exercise by the CICB of its discretion.

12After reviewing the evidence in its totality, both oral and documentary, and having regard to all of the above mentioned circumstances of this case, and the Applicant’s testimony at the Hearing, which the CICB accepts as credible, reliable, internally coherent, consistent and compelling, as well as considering previous awards made by the CICB in similar fact cases/situations in order to determine a reasonable amount of compensation in the form of periodic monthly payments, the CICB determines that the periodic payments in the amount of $554.00 per month, pursuant to subsection 7(1)(b) of the Act would continue, subject to a review by the CICB in May 2018 or at such other time as the CICB may deem appropriate. At such a hearing, whether written or oral, the CICB will assess if the Applicant has gained any renewed capacity for earning employment income. The Applicant would be required to submit her T- 4 statements for 2017, last pay stub of April 2018 and all other sources of income she may have at the time such as ODSP and others.

13Should the Applicant be not in agreement with the decision as outlined in the Order above, she may request a Review Hearing before a two member panel, as provided for in subsection 10(a) of the Act. However, the Applicant must request so in writing within two weeks of the receipt of this Order.

PAYMENT

14THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant: Periodic payments of $554.00 per month to be paid on the first day of each month, pursuant to Section 7(1)(b) of the Act effective April 1, 2017 subject to the terms set out above in this Order and subject to review by the CICB on May 1, 2018.