CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Christie Jefferson
Indexed as: (Re) 1403-95304
ORDER
Introduction
1The Applicant is making a claim for expenses in relation to the tragic death of her brother on [date], 2009. The unarmed deceased victim was stabbed to death by a roommate who was found Not Criminally Responsible due to his serious mental illness. As he was not convicted, this person cannot be named in this Order. The CICB offers our sincere condolences for the loss of this loved one under such terrible circumstances.
2The CICB is claiming $1,695.00 Canadian for the cost of the funeral service and $2,232.30 Canadian for the cemetery plot in [Country] where the deceased was flown to be buried by his family. The Applicant also included a claim of $1,500.00 Canadian for the bereavement counselling for the mother of the deceased victim between [date], 2009 and [date], 2013 and provided documentation in support of this claim. The Applicant is also claiming $1,312.00 Canadian for long distance calls made after the murder to arrange for the transportation of the deceased victim’s remains and other related matters following his death.
Decision
3The CICB is approving these claimed expenses for reasons outlined below.
Issues
4As the Alleged Offender was not convicted of a crime of violence against the deceased victim, the CICB must determine on a balance of probabilities if his death was the result of a crime of violence. If so, then the CICB can consider the expenses claimed by the Applicant.
Analysis
5The CICB finds on a balance of probabilities that the deceased victim’s death was the result of murder, as supported by Superior Court and Ontario Review Board documents. As a result the CICB authorizes payment of the following expenses:
$1,312.00 for international phone calls
$1,695.00 for the funeral service in [Country]
$2,232.30 for the cemetery plot and burial
$1.500.00 for bereavement counselling for the Applicant’s mother
6As both the Applicant and her mother live in [Country], and the mother’s address is not known to the CICB, the bereavement counselling reimbursement money will be paid to the Applicant on the understanding she will forward this amount to her mother.
Award
7The CICB orders payment as follows:
Section 7(1)(a) Expenses $5,427.30
Section 7(1)(f) Other Pecuniary Loss/Expense $1,312.00
TOTAL AWARD $6,739.30
Payment
8THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,739.30
DATED at Toronto this 27th day of February, 2017.
Christie Jefferson, Member