(Re) 1902-00489, 2019 ONCICB 28

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Maria Tassou

Date: February 20, 2019

Indexed as: (Re) 1902-00489

INTERIM DECISION

Introduction

1This Application, filed on February 2, 2019, seeks compensation from the Criminal Injuries Compensation Board (CICB) for a death that occurred in or about 2010.

2Section 6(1) of the Compensation for Victims of Crime Act, RSO 1990 c. C24, as amended (CVCA), provides:

An application for compensation shall be made within two years after the date of the injury or death but the Board, before or after the expiry of the two-year period, may extend the time for the further period it considers warranted.

3Rule 2.4 of the CICB’s Rules of Procedure states in part:

In deciding whether the delay was reasonable the CICB considers:

a. the time since the injury or death occurred;

b. the reasons for the delay;

c. whether sufficient evidence is available to fairly adjudicate the application; and,

d. any other relevant circumstances including the context in which the alleged crime occurred, the severity of the violence, the severity of the injury, and any contributing behaviour.

If the CICB decides the delay was reasonable and extends the time for filing, the application will proceed. The CICB will not provide reasons for its decision to extend time.

Decision

4I am satisfied the Application was filed outside the two-year limitation period. Therefore, I must decide whether to exercise my discretion to extend the time for filing.

5The CICB's application form invites an applicant to explain any delay in filing an Application. The Applicant explained that his brother was murdered by Bruce McArthur in 2010. The family was notified of his murder by the police in 2018.

6I am satisfied the Applicant has provided a reasonable explanation for the delay in making this Application.

7In these circumstances, I exercise my discretion to extend the time for filing this Application.