CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maria Tassou
Indexed as: (Re) 1303-91795
ORDER
Issue
1The Applicant is currently receiving monthly periodic payments in accordance with an Order of the Criminal Injuries Compensation Board (CICB). Pursuant to Section 25 of the Compensation for Victims of Crime Act, RSO 1990 c. C24 (CVCA), the CICB may at any time on its own initiative vary an Order for compensation in such manner as it sees fit. The issue at this Hearing is whether the periodic payments ought to be continued, varied or discontinued.
Original Order
2The original hearing was held orally on August 16, 2013, in Toronto. The applicant was awarded the total sum of $6,647.45 which is set out as follows:
- Section 7(1)(d) Pain and Suffering $5,000.00
- Section 7(1)(a) Medical and Treatment Expenses $1,247.45
- Section 7(1)(b) Loss of Income $ 400.00
- Total Award $6,647.45
Subsequent Orders
3Following her oral hearing on August 16, 2013, the applicant requested that the original Order be varied pursuant to section 25 of the CVCA by way of a letter to the CICB dated July 30, 2014. The applicant requested to vary the original Order to include additional compensation for pain and suffering and medical and treatment expenses. She also provided additional information and documentation.
4On December 4, 2014, a two-member Panel conducted an oral hearing and the CICB varied the original Order by awarding the applicant an additional sum of $5,000.00 for past medical and treatment expenses.
5Following the hearing on December 4, 2014, the applicant requested a variation to the Second Order, to include additional compensation for pain and suffering, as well as expenses.
6On March 17, 2016, a single member conducted a documentary hearing. For reasons more particularly set out in the Order dated March 17, 2016, hereinafter referred to as the “Third Order”, the CICB granted the applicant’s request for a variation and awarded an additional $850.00 for pain and suffering. As a result, the total lump sum awarded to the applicant pursuant to the foregoing orders was $12,497.45.
7In addition to the above-noted variation, the CICB awarded the applicant periodic payments in the amount of $1,000.00 per month for past uninsured medical and treatment costs, including back surgery, between the period of December 2014 to February 2016 for the total retroactive payment of $15,000.00 ($1,000.00 x 15 months).
8Further, the CICB awarded periodic payments for future ongoing expenses beginning March 1, 2016 to cover ongoing uninsured medical, treatment and care costs which was to be reviewed in one years’ time.
9On July 6, 2016, the CICB conducted a Section 10 review hearing of the Section 25 variation order made by a single member and it was heard on March 17, 2016 and the applicant was awarded the following compensation:
- Section 7(1)(a) Expenses (retroactive periodic from April to December 2011 (9mos.) @ $300.00/month) $ 2,700.00
- Section 7(1)(a) Expenses (retroactive periodic from January 2012 to November 2014 (35 mos.) @ $1,000.00/month) $35,000.00
- Section 7(1)(a) Expenses (retroactive periodic from December 2014 to February 2016 (15 mos.) @ $1,000.00/month) $15,000.00
- Section 7(1)(a) Expenses (retroactive periodic from March 2016 to September 2016 (7 mos.) @ $1,000.00/month) $ 7,000.00
- Section 7(1)(d) Pain and Suffering $ 850.00
10The CICB further ordered ongoing periodic payments of $1,000.00 per month commencing on October 1, 2016 pursuant to section 7(1)(a) of the CVCA, to be reviewed in March 2017.
11On February 21, 2017 the CICB ordered that the monthly periodic payments for the applicant’s treatment expenses were to continue in the amount of $1,000.00 per month under section 7(1)(a) of the CVCA subject to further review in February 2018 to determine whether the periodic payments should continue past February 2018.
Total Award to Date
12To date, the applicant will have received $89,197.45 in compensation from the CICB.
Decision
13The CICB has carefully and thoroughly reviewed the receipts and invoices provided regarding the uninsured medical and treatment costs.
14Following is a summary of the receipts and invoices provided with respect to the Applicant’s insured treatment costs:
Type of treatment
Treatment date
Clinic
Amount Paid
Monthly Subtotals
Chiro
07-Jan-16
$55.00
Chiro
27-Jan-16
$55.00
$110.00
Chiro
09-Feb-16
$55.00
Massage
22-Feb-16
$129.95
Massage
23-Feb-16
$129.95
$314.90
Massage
22-Mar-16
$135.60
Massage
29-Mar-16
$135.60
$271.12
Massage
05-Apr-16
$135.60
Massage
06-Apr-16
$148.31
Physio
21-Apr-16
$55.00
Massage
22-Apr-16
$123.17
$462.08
Physio
14-May-16
$55.00
Physio
19-May-16
$55.00
Chiro
25-May-16
$55.00
Physio
26-May-16
$55.00
Physio
31-May-16
$55.00
$275.00
Chiro
01-Jun-16
$55.00
Chiro
08-Jun-16
$55.00
Physio
16-Jun-16
$55.00
Chiro
22-Jun-16
$55.00
Physio
23-Jun-16
$55.00
Physio
28-Jun-16
$55.00
Chiro
29-Jun-16
$55.00
$385.00
Massage
04-Jul-16
$141.25
Physio
05-Jul-16
$55.00
Chiro
06-Jul-16
$55.00
Physio
12-Jul-16
$55.00
Chiro
14-Jul-16
$55.00
Physio
26-Jul-16
$44.00
$405.25
Chiro
03-Aug-16
$44.00
Physio
04-Aug-16
$40.00
Physio
16-Aug-16
$40.00
Physio
26-Aug-16
$40.00
Physio
30-Aug-16
$40.00
$204.00
Massage
09-Sep-16
$197.75
Physio
13-Sep-16
$40.00
Chiro
15-Sep-16
$40.00
Chiro
21-Sep-16
$40.00
Physio
27-Sep-16
$40.00
$357.75
Chiro
19-Oct-16
$40.00
Physio
27-Oct-16
$40.00
Massage
28-Oct-16
$129.95
$209.95
Chiro
02-Nov-16
$40.00
Chiro
09-Nov-16
$40.00
Chiro
14-Nov-16
$40.00
Physio
15-Nov-16
$40.00
Physio
22-Nov-16
$40.00
Chiro
24-Nov-16
$40.00
Massage
30-Nov-16
$132.21
$372.21
Physio
01-Dec-16
$40.00
Chiro
02-Dec-16
$70.00
Physio
08-Dec-16
$40.00
Chiro
12-Dec-16
$70.00
Chiro
19-Dec-16
$40.00
Physio
24-Dec-16
$40.00
Chiro
29-Dec-16
$40.00
$340.00
15The Act confers upon the CICB a broad and substantial measure of discretion and that discretion equally extends to deciding whether and what amount of compensation to award in any given case including what amount to award for any given expense being claimed. See, McIntomney v. CICB, 2006 ONSC 1598 and Pitters v. Ontario (Criminal Injuries Compensation CICB), [1996] O.J. No. 4339.
16This broad discretion is underscored by the provisions of section 5 of the CVCA which provide that the CICB “may” (as opposed to “shall”) consider making an order for the payment of compensation that it considers proper in its discretion exercised in accordance with the CVCA. The CICB’s discretion is further underscored in the provisions of section 25 of the CVCA which provide that the CICB “may” (as opposed to “shall”) consider varying an order for payment of compensation in such manner as the CICB thinks fit.
17The CICB’s broad discretion in terms of making an award of compensation and the amount thereof has been affirmed by the Ontario Divisional Court in cases involving the CICB. In Pitters, the Ontario Divisional Court commented as follows:
The Act provides statutory authority for the award of compensation to victims of crime…The legislature did not furnish the CICB, however, with a blank cheque. It is not every injury, loss or expenses suffered by a victim of crime which is compensable under the Act.
18And in a subsequent case, Rice v. Ontario (Criminal Injuries Compensation CICB), [2008] O.J. No. 4424, the Ontario Divisional Court affirmed as follows:
The CICB has broad discretion in fashioning awards to victims of crimes. The purpose of the [Act] is to provide an avenue for victims of crime to receive some compensation for injuries they suffer. Compensation is drawn from public funds, thus the legislature placed limits on the amounts that can be awarded and gave the CICB broad discretion in making awards.
19Finally, the Ontario Divisional Court has affirmed that the CVCA “does not provide a victim with the entitlement to full compensation for his or her loss”. D.G.J.D. v. Ontario (Criminal Injuries Compensation CICB), [2012] O.J. No.2696. The CICB also considers previous awards made by the CICB in similar fact situations in order to determine what is considered a reasonable amount of compensation.
20Pursuant to subsection 7(1)(a) of the CVCA, the CICB may make an award for expenses that are “actually and reasonably incurred or to be incurred as a result of the victim’s injury” [emphasis added]. The CICB has considered the applicant’s monthly expenses which are supported by invoices and receipts. The expenses for chiropractic, physiotherapy and massage therapy treatment average approximately $297.65 per month. Given the supporting documentation provided, the CICB does not find it reasonable to continue paying the applicant periodic payments of $1,000.00 per month. Based on a review of all the invoices and receipts provided, the CICB finds it reasonable to continue paying the applicant periodic payments each month to cover her uninsured treatment expenses. However, the CICB finds it reasonable to pay a reduced sum of $400.00 per month, rather than $1000.00 per month.
21Given the foregoing, the CICB hereby orders a decrease in the monthly periodic payments from $1,000.00 per month to $400.00 per month under s. 7(1)(a) of the CVCA, effective April 1, 2018. The $400.00 monthly periodic payments should cover the applicant’s treatment costs for massage, physiotherapy and chiropractic treatment each month based on the invoices and receipts provided.
22The CICB will undertake a review of the monthly periodic payments sometime prior to February 2019 in order to determine whether these payments should continue past March 1, 2019. To assist in conducting that review in early 2019, the applicant should continue to compile documentation to support her uninsured treatment expenses so that this information can be accessible to the CICB for the periodic payment review in early 2019.
DATED at Toronto this 28th day of February 2018.
Maria Tassou, Associate Chair