CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Julie Lassonde
Indexed as: (Re) 9201-19534
PERIODIC REVIEW DECISION
Introduction
1In its Decision issued November 3, 1993 (Original Decision) the Criminal Injuries Compensation Board (CICB) awarded compensation to the Applicant, including monthly periodic payments. These monthly payments are subject to review by the CICB.
2On April 1st, 2019, the Applicant has received $256,720.00 in total compensation, which included monthly periodic payments of $750.00 for a total of $252,750.00 in periodic payments.
3Section 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.
4The review hearing of the periodic payment was conducted in person.
Decision
5The CICB conducts a review of its periodic payments awards to assess the applicant's need for ongoing support as well as whether compensation for loss of support remains reasonable. After careful consideration of the Applicant's entire file, I am satisfied that the monthly periodic payments award is no longer reasonable.
6Specifically, the Applicant has suffered from anxiety since her husband passed away, as a result of a crime of violence, in 1991. She has since struggled with anxiety but has managed to maintain employment. She has received periodic payments for loss of support from the CICB for approximately 28 years. On March 31, 2018, she took an early retirement due to stress and anxiety. At that point, she stopped receiving her salary but started receiving Canada Pension Plan and Old Age Security benefits, and a pension from her employer. As a result, her overall income was reduced.
7At the hearing, the Applicant testified that she was going through anxiety at work and that, after discussion with her doctor and her employer, she decided that it would be best for her to retire early. However, she said that her level of anxiety remained the same since she has stopped working. She explained that stress triggers her anxiety. In addition, everytime she remembers her husband’s death and when she sees the Offender responsible for his death who lives only five minutes from where she lives, she feels anxious. She also experiences a great deal of stress related to whether she will lose her CICB periodic payments and whether she will continue to be able to afford to own her home. She said that most of her anxiety was now related to her financial situation.
8The Applicant has been taking medication for her anxiety for many years. She was asked whether she received any counselling. She said that she did three or four sessions shortly after the original incident but that she then turned to family members for support. She mentioned that she is not sure why she did not reach out for additional counseling services but that it may be due to the fact that she feels more comfortable talking to people she knows.
9The CICB usually provides periodic payments until an applicant reaches age sixty-five. In this case, the CICB has extended periodic payments beyond this age and beyond the date of her retirement, to help the Applicant cope with health and financial issues.
10Although the Applicant’s anxiety was originally caused by the loss of her husband and that part of it is still related to this loss, I find that the Applicant’s current anxiety is mostly connected to her financial situation and her capacity to keep her home, a home that she purchased following her husband’s passing. The Applicant said that she has looked for housing alternatives but found that renting would be more expensive than continuing to own her home. The Applicant’s struggle with keeping her home is not new. In a letter to the CICB for her 2005 periodic review, she explains that she is hoping to obtain stable employment to keep her home.
11Overall, I find that the Applicant’s health situation did not significantly change since the last periodic review decision on December 22, 2017. Her income was reduced due to retirement. Based on the evidence, I find that it is quite likely that the Applicant’s situation will remain the same forever, unless she finds a longer term housing solution to reduce her financial stress. While the CICB has helped for a long period of time, in relation to injuries she has suffered as a result of a crime of violence, the CICB cannot provide this longer term solution. The Applicant’s anxiety currently relates mostly to her financial situation and not to the crime. It was foreseeable for her that she may require other solutions than relying on her CICB periodic payments to address this situation.
12The 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.” The CICB’s role is not to fully compensate victims for injuries but rather to provide reasonable compensation as an acknowledgement of the injuries they suffered as a result of a crime. The CICB’s role is not to provide general income support but rather reasonable compensation for loss of income support as a result of a crime of violence. The CICB must also ensure that decisions are fair in relation to other victims who have gone through similar circumstances.
13In this context, in light of the total compensation received by the Applicant at this point, and while acknowledging the current health and financial hardship that the Applicant is going through, I believe that it is no longer reasonable to provide periodic payments to the Applicant.
14Therefore, the monthly periodic payment of $750 will be terminated effective immediately.
Dated at Toronto on May 14, 2019
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Julie Lassonde, Board Member