OCICB 2018

The applicant sought a review of a single member's decision denying compensation under the Compensation for Victims of Crime Act for an eye injury caused by a paintball.

The original member found insufficient evidence that the injury resulted from an intentional assault rather than an accident.

The review panel held that a review hearing is not an opportunity to present new evidence or re-argue the case.

Finding no serious error of law or unreasonable exercise of discretion in the original decision, the panel dismissed the review and upheld the original order.

The applicant sought compensation from the Criminal Injuries Compensation Board for mental and nervous shock and wage loss after his sister-in-law was killed in a fire set by a young offender at a group home.

The applicant attended the hospital and witnessed the victim's injuries before she passed away.

The Board denied the claim, finding that the applicant did not meet the criteria for mental and nervous shock as he did not sustain a recognized psychiatric or psychological illness directly induced by the shock of the event.

The wage loss claim was also dismissed as the applicant confirmed he did not miss work.

The applicant sought financial compensation from the Criminal Injuries Compensation Board for pain and suffering, medical expenses, and loss of income following a physical assault by two neighbours.

The Board found the applicant was a victim of a crime of violence and suffered serious physical and psychological injuries, including a facial laceration and PTSD.

The Board awarded $10,000 for pain and suffering but denied the claims for medical expenses and income loss due to a lack of supporting documentation and the applicant's unemployment at the time of the incident.

The applicant sought compensation from the Criminal Injuries Compensation Board for physical and psychological injuries sustained after being stabbed.

While the Board found the applicant was a victim of a crime of violence, it denied compensation under section 17(1) of the Compensation for Victims of Crime Act.

The Board considered the applicant's extensive criminal record, which included numerous convictions for violent crimes and domestic violence, as a relevant circumstance that outweighed the injuries suffered.

The Applicant sought financial compensation from the Criminal Injuries Compensation Board for physical and psychological injuries sustained during an assault at his workplace.

The offender was convicted of assault causing bodily harm.

The Board found the Applicant was a victim of a crime of violence and awarded compensation for pain and suffering, loss of income, and various medical and treatment expenses, totaling $22,290.00.

The applicant requested a review of a single member's decision denying her compensation for loss of income under the Compensation for Victims of Crime Act.

She argued the decision was made without considering her 2016 tax return, which she had not previously filed.

The review panel found that the newly provided 2016 tax return showed a higher net income than the year of her injury and the preceding years, confirming no loss of income occurred.

The panel concluded there was no serious error of law or unreasonable exercise of discretion and dismissed the request for review.

The Applicant sought financial compensation from the Criminal Injuries Compensation Board for physical and psychological injuries sustained after intervening in a domestic assault.

The offender was convicted of assault.

The Board found that the Applicant was a victim of a crime of violence and awarded $9,000 for pain and suffering, along with $2,400 for future counselling expenses.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained in two separate incidents involving his uncle.

The first incident involved the applicant being struck by his uncle's motor vehicle.

The Board dismissed this claim, finding the incident was inadvertent and not a crime of violence.

The second incident involved a physical assault by the uncle, resulting in a facial fracture.

The Board granted this claim, finding the applicant was a victim of a crime of violence, and awarded $6,000 for pain and suffering.

The Applicant sought financial compensation from the Criminal Injuries Compensation Board for injuries sustained during a home invasion and physical assault by unidentified offenders.

The Board found on a balance of probabilities that the Applicant was a victim of a crime of violence, suffering a possible wrist fracture, bruising, and psychological impacts including flashbacks and sleep disturbance.

The Board awarded $4,000 for pain and suffering and authorized up to $1,200 for future counselling expenses.

The applicant, a bank teller who developed PTSD after an armed robbery at her workplace, requested a review of a single member's decision awarding her $5,000 for pain and suffering and denying her claim for loss of income.

The review panel found the original award unreasonable given the severe psychological impact of the crime, which prevented the applicant from working.

The panel increased the pain and suffering award to $12,000, awarded $10,600 for loss of income, and authorized $2,400 for future therapy, reaching the statutory maximum lump sum of $25,000.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained when the alleged offender kicked a door into the applicant's face during a dispute.

The alleged offender was initially charged with assault causing bodily harm, which was withdrawn upon entering a peace bond.

The Board found that a crime of violence occurred and awarded the applicant $5,000 for pain and suffering.

The claim for treatment expenses was denied due to insufficient evidence linking the expenses to the incident and a lack of clarity regarding the applicant's insurance coverage.

The Criminal Injuries Compensation Board conducted a review of the applicant's monthly periodic payments, which were awarded following the murder of her husband.

The Board considered the applicant's current financial situation, including her employment status, her sons' financial contributions, and her investment income.

The Board concluded that there was no change in circumstances requiring a variation of the order and directed that the monthly payments of $706.66 continue, subject to a future review.

The Applicant sought financial compensation from the Criminal Injuries Compensation Board for physical and psychological injuries sustained during multiple assaults by three offenders.

Two offenders were convicted of assault, while the third entered into a peace bond.

The Board found that the Applicant was a victim of crimes of violence and awarded compensation for pain and suffering, dental expenses, physiotherapy, and counselling.

The applicant sought compensation from the Criminal Injuries Compensation Board for mental and nervous shock following the shooting death of her son.

The applicant was in another province at the time of the shooting and was informed of the event by telephone.

The Board dismissed the application, finding that the applicant did not meet the locational proximity requirement for a nervous shock claim, as she did not witness the shocking event or its immediate aftermath.

The Applicant sought compensation from the Criminal Injuries Compensation Board for injuries allegedly sustained in an assault.

The Board found the Applicant's evidence regarding the cause of his injuries to be inconsistent and unreliable, noting that his injuries could have resulted from a fall due to heavy intoxication.

The Board concluded the Applicant failed to prove on a balance of probabilities that he was a victim of a crime of violence and dismissed the application.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained as an innocent bystander in a shooting at a banquet hall.

The Board found that the applicant was a victim of a crime of violence and suffered physical and psychological injuries, including fractures to both legs.

The Board awarded $9,000 for pain and suffering, $2,022.10 for lost wages, $286.10 for expenses, and $400 for legal costs, for a total award of $11,708.20.

The applicant sought reconsideration of a decision denying compensation for an alleged assault, claiming new evidence in the form of a police supplemental report.

The Criminal Injuries Compensation Board conducted the reconsideration in writing.

The Board found that the new evidence, which detailed the police investigation, did not clarify whether the applicant's injury resulted from a crime of violence or a fall, and thus was not potentially determinative of the application.

The request for reconsideration was dismissed.

The applicant sought compensation from the Criminal Injuries Compensation Board for mental and nervous shock after the alleged offender told her he had murdered her cousin and showed her a photograph of the body.

The applicant, who was developmentally challenged, suffered severe psychological distress, nightmares, and suicidal ideation as a result.

The Board applied the legal test for mental and nervous shock and found that the applicant's proximity to the event and the severity of her reaction met the threshold for compensation.

The Board awarded the applicant $9,000 for pain and suffering.

The Applicant sought compensation from the Criminal Injuries Compensation Board for pain and suffering following a home invasion.

The offenders, searching for the Applicant's cousin, forced entry into the Applicant's apartment, threatened him with a firearm, and held him captive.

The Board found the Applicant was a victim of a crime of violence and suffered psychological injuries as a result.

The Board awarded the Applicant $6,000 for pain and suffering, noting his cooperation with police despite threats to his safety.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained during a stabbing incident in 2015.

The offender was convicted of aggravated assault.

The Board found the applicant was a victim of a crime of violence and awarded $12,000 for pain and suffering.

Claims for out-of-pocket expenses and loss of income were denied due to a lack of supporting documentation, though $1,500 was awarded on compassionate grounds for income loss.