Criminal Injuries Compensation Board
Adjudicator: Christine McGoey
Indexed as: (Re) 1712-03888
SECTION 25 DECISION
Introduction
1By a Decision dated September 24, 2018, the CICB awarded the Applicant compensation for injuries resulting from a crime of violence. The Applicant was awarded $10,788.09 and $1,200.00 for future treatment costs.
2The Applicant had originally filed a request for a review of that decision pursuant to s. 10 of the Compensation for Victims of Crime Act, RSO 1990, c. C24, as amended (CVCA), on September 12, 2018, seeking to vary the amount of the award for pain and suffering and to allow for further expenses incurred as a result of complications arising from the original surgery to his leg. In the course of the review hearing it became apparent that the Applicant wished to provide evidence and to seek a variation of the original order to increase compensation for travel to treatment. As a result, the Applicant withdrew the request for a review and sought to have the CICB treat the application as an application for variation of the original award pursuant to section 25 of the CVCA.
3A request to vary is not an appeal or an opportunity to reargue an application. The Legislature has identified the circumstances when the CICB may vary its orders. Section 25 of the CVCA provides as follows:
(1) The Board may at any time on its own initiative or on the application of the victim, any dependent of the victim, the Minister or the offender, vary an order for payment of compensation in such manner as the Board thinks fit, whether as to terms of the order or by increasing or decreasing the amount ordered to be paid, or otherwise.
(2) In a proceeding under subsection (1), the Board shall consider,
(a) any new evidence that has become available;
(b) any change of circumstances that has occurred since the making of the order or any variation thereof, as the case may be, or that is likely to occur; and
(c) any other matter the Board considers relevant.
4The Applicant submits the request should be granted because of a change in circumstances. The Applicant had complications arising from the first surgery to his leg and required a second surgery on June 21, 2018. While the Board member was aware of this and knew of some of the appointments for treatment up to the time of hearing in August, 2018, treatment was ongoing up to November 26 of 2018.
5The Applicant testified at the variation hearing. The Applicant also provided a detailed list of the travel to treatment from June 1, 2018 to November 26, 2018 setting out the reasons for treatment and the location of the appointments.
DECISION
6Having considered the request and supporting documents we are satisfied that the request is a reasonable one and will make a contribution towards the travel costs for the further required treatments.
7The CICB’s award is therefore varied to increase the original contribution for travel to treatment from $400.00 to $1,000.00. In all other respects the original award is upheld.
ORDER
8Therefore, the CICB varies the Decision dated September 24, 2018 as follows:
Subsection 7(1)(a) Expenses $ 323.29
Subsection 7(1)(a) Future Pre-Authorized Expense $ 1,200.00
Subsection 7(1)(a) Expenses $ 1,000.00
Subsection 7(1)(d) Pain and Suffering $ 10,000.00
Subsection Section 22 Costs $ 64.80
TOTAL SECTION 25 AWARD $12, 588.09
TOTAL PRE-AUTHORIZED SECTION 25 AWARD $ 1,200.00
TOTAL CURRENT AWARD $11,388.09
9In addition the CICB orders the following be paid immediately to:
Applicant $11,388.09
Dated at Toronto, Ontario this 4th of February 2019
Christine McGoey, Board Member
Janet MacEachen, Board Member