CRIMINAL INJURIES COMPENSATION BOARD
Adjudicators: Julie Lassonde, David Fine
Indexed as: (Re) 9201-24370
DECISION
INTRODUCTION
1By Decision dated July 4, 2000 the Criminal Injuries Compensation Board (CICB) awarded the Applicant compensation. To date, the Applicant has been awarded $11,884.68, including $8,384.68 for dental treatment.
2The Applicant originally filed this request as a request to review the variation decision dated July 6, 2018, pursuant to section 10(1) of the Compensation for Victims of Crime Act, RSO 1990, c. C24, as amended (CVCA).
3After some discussion at the hearing, the Applicant clarified the issues. He withdrew his review request and asked that his request be considered as a variation request pursuant to section 25 of the CVCA. CICB agreed to treat his request as such and gave the Applicant until January 28, 2019 to provide relevant evidence for his request to vary the award.
4On December 12, 2018, CICB received a new document from the Applicant’s dentist. This document indicated that the Applicant had had a follow up examination on June 14, 2018, related to his implant stability and health, and that the cost for this examination was $190. The document did not provide any evidence confirming whether the Applicant paid for this service.
5The Applicant asks the CICB to vary his total award and increase it by $190 to cover the cost of his June 14, 2018 dental examination.
6A request to vary is not an appeal or an opportunity to reargue an application. The Legislature has identified when the CICB may vary its orders. Section 25 provides:
(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.
7The Applicant submits the request should be granted based on the new evidence from his dentist. The Applicant submits that his June 14, 2018 dental appointment was related to the injuries suffered as a result of the crime.
DECISION
8After considering the request and all supporting documents, we deny the request for the following reasons.
9Although the evidence presented to CICB demonstrates that the Applicant’s dental appointment relates to the injuries the Applicant suffered as a result of the crime, there is no evidence that the Applicant actually paid for the cost of the dental appointment. Without any supporting proof that he paid for the cost of the appointment, we are unable to reimburse the Applicant.
10Even if the Applicant had supplied the CICB proof for payment, the CICB has broad discretion to vary awards for compensation. As stated in the CICB decision dated July 6, 2018 denying the Applicant’s previous request to vary the award, the Divisional Court in D.G.J.D. v. Ontario (Criminal Injuries Compensation Board), [2012] O.J. No 2696, noted that the CVCA “does not provide a victim with the entitlement to full compensation for his or her loss.”
11The CICB has considered the fact that the crime of violence occurred on [..], more than 26 years ago. To date, the Applicant received a total award of $11,884.68, including $8,384.68 for dental treatment. At this point, we do not find it reasonable for CICB to cover the cost of future follow-up dental appointments required by the Applicant, even if they still relate to the incident. The total award received by the Applicant for his injuries is reasonable in the circumstances. The CICB does not find it appropriate to provide further compensation.
Dated at Toronto on March 18, 2019
_______________________________
Julie Lassonde, Board Member
_______________________________
David Fine, Board Member