(Re) 1806-02112, 2019 ONCICB 55

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Kevin Cleghorn
Date: March 27, 2019
Indexed as: (Re) 1806-02112

ORDER

Introduction

1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (CVCA). The applicant is seeking financial support to cover the pecuniary loss related to raising the Deceased’s two children. The Deceased, the father of the two children, was murdered on [..]. The alleged offender is unidentified as yet. The CICB offers our sincere condolences for this tragic loss under such difficult circumstances.

Decision

2The CICB approves the claim for the reasons set out below and awards the Applicant compensation for the pecuniary loss incurred as a result of the Deceased’s death related to caring for the two minor children in the form of retroactive periodic payments in the amount of $488.00 per month from April 1, 2018 to January 1, 2019 (a total of $4,880.00) and then periodic payments commencing on February 1, 2019 in the amount of $488.00 per month, subject to review after a period of two years.

Issues

3The absence of a conviction does not mean that the CICB is precluded from making an order of compensation. Subsection 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The Applicant is required to prove, on a balance of probabilities, not only that the Deceased was the victim of a crime of violence but also that his death resulted from the crime pursuant to subsection 5(a) of the CVCA.

4If the Applicant has met the above threshold, in deciding whether or not to exercise our discretion to award compensation and the amount thereof, I must consider:

• all the relevant circumstances, including whether the Deceased’s behaviour may have directly or indirectly contributed to his death pursuant to subsection 17(1) of the CVCA.

• any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance pursuant to subsection 17(3) of the CVCA.

5It is readily apparent that the Deceased was a victim of a crime of violence. The police questionnaire confirms that the Deceased was the subject of a random attack by unknown persons while he was walking home from work. He passed away in hospital from gunshot wounds to his chest and back. All details of the incident as described by the Applicant are corroborated by the police. There is no information that the Applicant has received any benefit, compensation or indemnity from any source; subsection 17 (3) of the CVCA, therefore, appears to have no applicability to this situation.

6The Applicant must provide reliable evidence to support her claim for:

• pecuniary loss incurred by dependants as a result of the death of the Deceased pursuant to subsection 7(1)(c) of the CVCA.

Hearing

7The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.

8The CICB received the following documents with respect to the claim:

• a media article confirming the Deceased was murdered and that the perpetrator(s) is/are unknown;

• an Ontario Court of Justice Order dated December 19, 2017 confirming the child support obligation of the Deceased;

• Statements of Live Birth for both of the minor children;

• the Death Certificate for the Deceased;

• a Police Questionnaire from the Toronto Police Service confirming the circumstances of the Deceased’s death;

• a Notice of Assessment from the Canada Revenue Agency issued to the Applicant for 2017;

• a Chequing Account Statement for the Applicant’s personal account; and

• a Financial Information Form prepared by the Applicant.

Analysis and Decision

9For the following reasons the CICB grants the application for pecuniary loss incurred by the Applicant on behalf of the two children of the Deceased, the father of the two children.

10The lack of conviction of a perpetrator is not an impediment to awarding pecuniary loss associated with the care of the two children. I have concluded that the Deceased was a victim of a crime of violence. There is no evidence whatsoever that the Deceased’s behaviour directly or indirectly contributed to his death. There is no evidence that the Applicant has received or is entitled to claim/obtain any benefit, compensation or indemnity from any source to assist with the financial costs of raising the two children. The CICB can therefore consider the Applicant’s claim for pecuniary loss associated with raising the children of the Deceased under s. 7(1)(c) of the CVCA and the loss of support as a result of his death. Documentation has been provided confirming that the Applicant has been raising the two children at all times and has custody of them pursuant to an Order of the Ontario Court of Justice dated December 19, 2017. The Applicant has been and will continue to provide the primary residence for the minor children’s care. The Deceased was legally obligated to support the minor children at the time of his death pursuant to the above-mentioned Order in the amount of $488.00 per month based upon imputed income for him of $32,000.00 per year. The Applicant has demonstrated through provision of her Chequing Account Statement that the Deceased was making payments of child support to her in accordance with the Order. She has incurred a pecuniary loss as a result of the death of the Deceased in the form of the discontinuation of child support payments for the benefit of the two children.

11Accordingly, the CICB will award the Applicant retroactive periodic payments in the amount of $488.00 per month from April 1, 2018 to January 1, 2019 (a total of $4,880.00) and then periodic payments commencing on February 1, 2019 in the amount of $488.00 per month, subject to review after a period of two years. If the Applicant is in the meantime able to claim amounts from any other source to assist with the support of the children, she will be expected to contact the CICB for a reassessment of the periodic payments earlier than the two-year review period.

12The CICB notes that periodic payments for dependency generally cease when any one of the following occurs:

• The child attains the age of 18 years;

• The child is no longer enrolled in full-time attendance at an educational institution;

• The child no longer resides with the applicant;

• The child becomes financially independent;

• The child is legally adopted.

13The Applicant is required to notify the CICB of any change in circumstance, including a change in the primary residence of the children.

Award

14The CICB orders payment as follows:

Subsection 7(1)(c) Pecuniary Loss

(retroactive from April 1, 2018 to January 1, 2019) $4,880.00

TOTAL AWARD $4,880.00

Payment

15THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,880.00

16Periodic payments of $488.00 per month to be paid on the first day of each month, pursuant to Section 7(1)(c) of the CVCA effective February 1, 2019 subject to the terms set out above in this Order and subject to review by the CICB every two years.