Re 0807-71895, 2019 ONCICB 80

Criminal Injuries Compensation Board

Adjudicators: Guy Savoie, Vice-Chair; Christine McGoey, Board Member

Date: April 30, 2019

Indexed as: (Re) 0807-71895

PERIODIC REVIEW DECISION

Introduction

1In its Decision issued July 19, 2010 the Criminal Injuries Compensation Board (CICB) awarded compensation to the Applicant.

2In its Section 25 Decision issued February 11, 2016, the Applicant was awarded additional compensation for prescribed medical marijuana expenses.

3In its Section 25 Decision issued November 9, 2016, the Applicant was awarded compensation in the form of monthly periodic payments. The monthly payments are subject to review by the CICB.

4To date the Applicant has received $20,000.00 in total compensation comprising of $12,500.00 for pain and suffering and $7,500.00 for medical expenses. The Applicant receives a monthly periodic payment of $250.00.

5Section 25 of the Compensation for Victims of Crime Act, RSO 1990, c. C22, as amended (CVCA), gives the CICB the authority to review its orders. On a section 25 review the CICB can decide whether to continue the periodic payment, vary the payment or discontinue the payment entirely. In making its decision the CICB considers:

a. any new evidence that has become available;

b. any change of circumstances that has occurred or is likely to occur since the original order was made or varied; and

c. any other matter the CICB considers relevant.

6This section 25 periodic review hearing was conducted electronically.

7At the electronic hearing, the Applicant requested the CICB vary its Decisions as follows: To cancel the periodic award and provide a lump sum payment of $5,000.00 for pain and suffering.

Decision

8The Applicant provided the following new evidence: a medical report from a chronic pain specialist dated October 28, 2018, prescription information and the Periodic Review Questionaire dated October 30, 2018.

9After reviewing the new evidence and considering the Applicant's submissions we are satisfied there has been a change in circumstances which justifies variation of the monthly periodic payments award. Specifically, we find based on the medical evidence provided that the chronic pain the Applicant is experincing is now permanent and has not diminshed over time. The CICB finds that the injury incurred is more than what was originally presented. As such, we find it would be approrpaite to order additional pain and suffering; this is also in light of the fact that the Applicant is ameniable to cancelling the periodic payments.

10Accordingly the Decision for periodic payments for medical marijuana is vacated and a further lump sum payment of $5,000.00 for pain and suffering is ordered.

11The monthly periodic payment of $250.00 will end on May 1, 2019.

12The Applicant is aware that as a result of this variation he will have reached the maximum amount payable by the CICB for a single incident and that there will be no further payments by the CICB to the Applicant for the crime of violence.

13Therefore, the CICB varies the Decisions dated July 19, 2010, February 11, 2016 and November 9, 2016, rescinding the periodic award of November 9, 2016, and awards as follows:

Subsection 7(1)(d) Pain and Suffering

$ 5,000.00

Total Section 25 Award

$ 5,000.00

Payment

14The CICB orders the following be paid immediately to:

Applicant

$ 5,000.00