(Re) 1202-88040, 2018 ONCICB 89

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicators: Christine McGoey, David Fine

Date: October 31, 2018

Indexed as: (Re) 1202-88040

ORDER

Introduction

1The Criminal Injuries Compensation Board (CICB) found the Applicant to be a victim of violent crime and awarded compensation, including monthly periodic payments, in its original decision dated November 23, 2015 and amended by order dated August 14, 2017, following the tragic murder of her husband. That decision set a review date in and around August 2018 to determine whether the payments should continue or be varied.

2As of the date of this Order the Applicant has received $34,733.10 in total compensation and receives a monthly periodic payment of $706.66 per month pursuant to section 7(1)(c) of the Compensation for Victims of Crime Act, RSO 1990, c. C22 as amended (CVCA).

3Section 25 of the CVCA, gives the CICB the authority to review its orders on its own initiative. On a section 25 review the CICB can decide whether to continue the periodic payment, vary the payment or discontinue the payment entirely. In making its decision the CICB considers:

a) any new evidence that has become available;

b) any change of circumstances that has occurred or is likely to occur since the original order was made or varied; and

c) any other matter the CICB considers relevant.

4This hearing was conducted orally.

Decision

5The Applicant provided information relating to her current financial situation. Her daughter has now turned eighteen and the Applicant no longer receives the Child Tax Benefit. The CICB did not consider this benefit when they made the initial periodic award in recognition that it was for the care of her daughter and that it would soon be paid to her.

6The Applicant had been employed as a lunch supervisor at a local school, working one hour a day, five days a week during the school year. In September of 2017, she was hired as an on call secretarial substitute at the School Board, although she was rarely called in for work. She had to give up her prior job as a lunch supervisor to accept this position. Unfortunately, the Applicant did not have the computer skills required for the secretarial position and was not able to continue. The Applicant advised the School Board that she did take a computer course, but still found the demands of the work to be too difficult. The Applicant did some babysitting for a family until April of 2018, at $15.00 an hour, one or two times a week. She has not been able to find other employment since then, but hopes to find regular babysitting opportunities this year.

7Both of the Applicant’s sons are now working full time. Her oldest son has received his full share of the insurance proceeds (1/3 of $500,000) from the death of his father. The middle child, who is now [age], and has received half of his share of the proceeds with the expectation that he will receive the other half when he reaches the age of 25. Both sons live at home. We asked the Applicant if her sons contribute to the expenses by paying rent and were advised that they do not. Their uncle, who is the executor of their father’s estate, continues to invest their proceeds. Occasionally they contribute to grocery expenses.

8The Applicant has downsized the family home on two occasions and has investments of over $350,000 from those sales which generate interest of about $1,500.00 a month which helps her cover expenses. She has not remarried, nor is she in any new relationship.

9After careful consideration of all the evidence, we are satisfied that the new evidence should not affect the amount or the continuation of the periodic payments and the periodic payment award continues to be appropriate at this time. The periodic payment was awarded because of the loss of financial support and there has not been a change of circumstance that would require varying the order. If the Applicant is unable to obtain gainful employment or rental income from her sons by the next periodic review, she may have to consider drawing money from her savings, which are not insignificant.

10Given the Applicant’s current circumstances, the monthly periodic payments award of $706.66 will continue subject to review on or about October 2019. It is hoped that at the time the Applicant will have secured employment and/or will have some assistance from her sons with respect to her expenses if they continue to reside with her and have full time employment.