Re 0010-22520, 2018 ONCICB 76

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicators: Guy Savoie, Christie Jefferson

Date: October 02, 2018

Indexed as: (Re) 0010-22520

ORDER

1The Applicant has requested a review of the annual section 25 periodic review Order issued by the Criminal Injuries Compensation Board (CICB) on December 14, 2017 in accordance with section 10(1) of the Compensation for Victims of Crime Act, RSO 1990 c.24, as amended (CVCA).

2The relevant portions of section 10 read as follows:

10 (1) Where an application is heard by a single member of the Board under section 9, the applicant or the Minister may, within fifteen days after service of the decision of the member, require a hearing and review by the Board and the Board shall fix a time and place for the hearing and shall at least ten days before the day fixed cause notice thereof to be served upon the parties to the proceeding.

(3) The hearing shall be conducted and the jurisdiction of the Board shall be exercised by at least two members of the Board and the member whose decision is being reviewed shall not sit on the review.

(4) After a hearing and review by the Board under this section, the Board shall make its order in accordance with this CVCA and its order supersedes the order of a single member made under section 9 that is the subject of the hearing and review.

3Rule 19.2 of CICB’s Rules of Procedure states:

An applicant may request a review of the decision of a single member on the grounds that the decision contains a serious error of law or an unreasonable exercise of discretion.

Issue

4In the request for review the Applicant submits the decision to cease her monthly periodic payments is unreasonable given her current personal and financial situation.

5This Panel must decide whether the Applicant's concerns amount to a serious error of law or an unreasonable exercise of discretion.

Decision

6At an annual documentary section 25 periodic review on December 14, 2017, a single member of the CICB determined that the periodic payment to the Applicant should cease given that the Applicant had reached the age of 65 years of age. The member stated in the decision

While there is no mandatory age of retirement in Ontario, 65 years is the point at which individuals become eligible for income supports from multiple sources, including Old Age Security (OAS), the Canada Pension Plan (CPP), and possibly others. As such, periodic payments from the CICB generally cease when an applicant turns 65 years of age.

7The CICB finds there to be an error of law in the December 2017 Order and grants the review for the reasons that follow.

8In cases where the CICB has issued a periodic award to an applicant in the past, the CICB will review the order for compensation annually pursuant to section 25 of the CVCA to determine whether the periodic payment ought to be continued, varied, or discontinued.

9On an annual section 25 periodic review, the CICB is required to take into consideration the Applicant’s circumstances including whether there has been a change in the physical or mental condition of the Applicant as well as the Applicant’s financial situation. This analysis is necessary to determine whether the periodic payments should be continued, varied or discontinued.

10While there is nothing in the CVCA that supports the proposition that the CICB should automatically cease the periodic payment by the mere fact that an applicant has reached the age of 65, it is important to note that section 17(3) of the CVCA states:

In assessing compensation, the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the Applicant from any source other than social assistance.

11Although the Applicant’s eligibility for other income support was a relevant factor for the CICB to consider in the section 25 periodic review, the CICB should not have discontinued the periodic support payments simply because the Applicant reached the age of 65. The CICB based its decision on the assumption that the Applicant was in receipt of other income supports. A more in depth analysis of the Applicant’s particular financial circumstances was necessary in this case.

12In an Order of the CICB dated July 4, 2001, the Applicant was found to be compensable as a result of historic childhood abuse and years of domestic violence and was awarded both a lump sum and periodic payments pursuant to section 18 of the CVCA.

13From July of 2001 to the time of the section 25 periodic review order issued December 14, 2017 the Applicant was receiving a monthly periodic payment of $1,000.00. Her medical and financial situation did not change.

14At the time of this review, the Applicant had received $210,048.00 in total compensation from the CICB.

15Based on the medical reports provided by the Applicant there has been no change in her condition since the making of the periodic award in 2001.

16Pursuant to section 17(3), the CICB has also considered any benefit, compensation or indemnity paid or payable to the Applicant from any source other than social assistance. The Canada Revenue Agency (CRA) documents reflect that although there has been a change in the source of the Applicant’s income i.e. she now receives OAS, and CPP instead of other types of income, the dollar amount of the Applicant’s income has remained virtually unchanged.

17After careful consideration of all the available documents, we are satisfied that the Applicant's circumstances have not changed even though she attained the age of 65 and therefore that the periodic payment award continues to be appropriate.

18Therefore the monthly periodic payment award of $1,000.00 will continue subject to review on September 1, 2019.

19In addition, we also authorize payment to the Applicant in the amount of $3,000.00 for retroactive periodic payments from July 2018 to September 2018. The monthly periodic payments will resume on October 1, 2018.

Order

20The CICB orders the following amount be paid immediately to:

The Applicant $3,000.00