(Re) 0002-18851, 2019 ONCICB 34

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicators: Christine McGoey and David Fine

Date: March 4, 2019

Indexed as: (Re) 0002-18851

DECISION

Introduction

1The Applicant requested a review of the Decision issued October 11, 2018 (Original Decision) in accordance with section 10(1) of the Compensation for Victims of Crime Act, RSO 1990, c. C24, as amended.

2Section 10 provides:

(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 Act 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 the CICB’s Rules 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

4The Panel must decide whether the Applicant has identified a serious error of law or an unreasonable exercise of discretion in the Original Decision.

5The Applicant suffered permanent injuries as a result of a brutal attack in [..]. As a result of being stabbed in the neck he suffered a severe stroke resulting in blindness to his left eye; right sided hemiplegia with the loss of use of his dominant right hand and arm and severe cognitive, memory and language problems. The CICB found the Applicant to be a victim of violent crime and awarded compensation, including monthly periodic payments in its Decision dated September 26, 2002 pursuant to section 5(c) of the CVCA. While the Original Decision ordered the continuation of periodic payments of $1,215.17, subject to a review in September of 2020, it noted that the maximum award of $365,000.00 would be reached in February of 2023 and no further periodic payments would be made after that point.

6The Applicant will be 51 years of age when that occurs. His condition is not expected to change, he is unable to work and in the request for review he expresses concern that he will be financially and emotionally destitute without the periodic payments until he reaches age 65.

Decision

7Section 19(2) of the CVCA provides:

(2) The total amount awarded by the Board to be paid to all applicants in respect of any one occurrence shall not exceed

(b) in the case of periodic payments, a total of $365,000.

8In this case the Applicant was the only person involved in the occurrence such that the maximum amount of compensation available to him is the full $365,000. Once that limit is reached the CVCA makes it clear that the CICB has no jurisdiction to provide further payments. While we sympathize with the Applicant’s position, the Panel finds the Applicant has not demonstrated that there was a serious error of law or an unreasonable exercise of discretion in the decision of the single member.

9For these reasons the request is denied and the Original Decision is confirmed.