OCICB 2019

The applicant applied to the Criminal Injuries Compensation Board for pain and suffering compensation after her two sons were stabbed by unknown offenders.

Although the applicant did not witness the assault, she experienced significant distress, anxiety, and depression upon seeing her sons in critical condition at the hospital.

The Board applied the legal test for mental nervous shock and found that the applicant's emotional harm, while genuine, did not rise to the level of a serious and prolonged recognized psychiatric illness.

The application was dismissed.

The Applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained during a stabbing.

The Board found that the Applicant was a victim of a crime of violence.

However, the Board reduced the compensation award because the Applicant deliberately misled police about the location of the incident, thereby failing to reasonably cooperate with law enforcement.

The Board awarded $2,000 for pain and suffering and $400 for legal costs.

The Applicant applied to the Criminal Injuries Compensation Board for compensation after sustaining life-threatening stab wounds during an altercation.

The Board found that the Applicant was a victim of a crime of violence.

However, because the Applicant deliberately misled police about the location of the incident, frustrating their investigation, the Board reduced the compensation award under section 17(2) of the Compensation for Victims of Crime Act.

The Applicant was awarded $4,000 for pain and suffering, plus $400 for legal costs.

The applicant sought a review of a previous Criminal Injuries Compensation Board order that awarded monthly periodic payments for medical marijuana.

The applicant requested to cancel the periodic award in exchange for a lump sum payment of $5,000 for pain and suffering.

Based on new medical evidence indicating the applicant's chronic pain is permanent, the Board found a change in circumstances justifying the variation.

The Board cancelled the periodic payments and awarded the requested $5,000 lump sum, bringing the applicant to the maximum amount payable for a single incident.

The Applicant applied to the Criminal Injuries Compensation Board for compensation for injuries resulting from an armed robbery and kidnapping.

The Applicant was forced at gunpoint to drive the offender to her workplace, where she and a colleague were held hostage.

The Applicant suffered significant psychological trauma, including PTSD, anxiety, and depression, which led to her resignation from her job.

The Board found that the injuries resulted from a crime of violence and awarded $6,000 for pain and suffering.

The Applicant sought a review of a single member's decision denying reimbursement for therapy expenses related to an assault.

The single member had denied the claim because the Applicant failed to provide receipts.

On review, the Criminal Injuries Compensation Board found that the therapy report provided sufficient evidence of the fees incurred and the Applicant's insurance coverage.

The Board concluded it was an unreasonable exercise of discretion to deny the expenses and awarded $640.00 for past and future therapy sessions.

The applicant requested a review of a single member's decision denying her request to vary a previous compensation award.

The applicant sought to convert $2,400 previously awarded for future counselling into a direct monetary award for pain and suffering, as she no longer wished to attend therapy.

The review panel found that the single member did not err in law or unreasonably exercise discretion in denying the request, noting that the funds were pre-authorized for the specific purpose of treatment and could not be converted into cash payments for other purposes.

The application was denied.

The applicant sought compensation from the Criminal Injuries Compensation Board for funeral and burial expenses following the murder of her son.

The Board found that the deceased was a victim of a crime of violence and did not contribute to his own death, despite his criminal history.

The Board awarded the applicant $9,152.50 for funeral, burial, and other reasonable expenses, after deducting a contribution from the City of Ottawa.

The applicant applied to the Criminal Injuries Compensation Board for bereavement counselling expenses following the death of her brother.

Her brother died in a fire set by an offender who was subsequently convicted of manslaughter.

The Board found that the manslaughter conviction was conclusive evidence of a crime of violence and that the applicant was eligible for compensation as a family member.

The Board awarded $1,800.00 for future bereavement counselling sessions.

The applicant sought compensation from the Criminal Injuries Compensation Board for funeral expenses and mental shock following the murder of her son.

The Board awarded $4,074.30 for funeral expenses, finding them reasonable and supported by evidence.

However, the Board dismissed the claim for mental and nervous shock, concluding that the applicant lacked the necessary locational and temporal proximity to the crime, as she did not witness the event or its immediate aftermath.

The applicant, an inmate, sought compensation from the Criminal Injuries Compensation Board for injuries sustained during an assault by two other inmates.

The Board found that the applicant was a victim of a crime of violence and that his behaviour did not contribute to his injuries, as he was acting in self-defence.

The Board awarded a total of $10,800 for pain and suffering, future therapy, and dental expenses.

The applicant applied to the Criminal Injuries Compensation Board for compensation following an assault by a neighbour for whom she provided care.

The offender punched the applicant, causing a concussion, whiplash, and ongoing physical and cognitive issues.

The Board found the injuries resulted from a crime of violence and awarded $9,000 for pain and suffering, $1,100 for expenses, $2,400 for future therapy, and $500 per month for loss of income.

The Applicant, a taxi driver, applied to the Criminal Injuries Compensation Board for compensation after being attacked by an offender with a knife.

The offender was convicted of assault causing bodily harm.

The Board found that the Applicant suffered injuries from the attack, including a bitten thumb and facial scratches, and awarded $6,000 for pain and suffering and $167.74 for medical expenses.

Claims for loss of income and property damage were denied due to lack of documentation and jurisdiction.

The Applicant applied to the Criminal Injuries Compensation Board for compensation following a workplace robbery and assault where they were stabbed multiple times.

The Board found that the Applicant was a victim of a crime of violence under the Compensation for Victims of Crime Act, despite the alleged offenders never being identified or apprehended.

The Board awarded $8,000 for pain and suffering, noting the physical and emotional injuries sustained, including PTSD and residual scarring.

The claim for out-of-pocket expenses was denied due to a lack of supporting documentation.

The applicant applied to the Criminal Injuries Compensation Board for compensation following an unprovoked physical assault by an acquaintance while working as a cab driver.

The Board found that the applicant was a victim of a crime of violence under the Compensation for Victims of Crime Act.

The Board awarded $5,000 for pain and suffering and $400 for eyeglasses, but denied claims for vehicle damage, prescription drugs, and income loss due to a lack of supporting documentation.

The Applicant sought compensation from the Criminal Injuries Compensation Board for a traumatic brain injury allegedly sustained when he was punched by a security guard.

The Board preferred police evidence indicating that the highly intoxicated Applicant was the instigator of multiple altercations and that the person who pushed him acted in self-defense.

The application was denied under section 17(1) of the CVCA because the Applicant's conduct contributed to his injuries.

A post-hearing allegation of bias against the adjudicator was also dismissed.

The applicant sought compensation from the Criminal Injuries Compensation Board for bereavement counselling, funeral expenses, and loss of financial support following the death of her common-law spouse, who was killed in an exchange of gunfire between police and an alleged offender.

The Board found the deceased was a victim of a crime of violence.

Claims for funeral expenses and the applicant's personal loss of financial support were denied due to alternative funding and lack of evidentiary support, respectively.

However, the Board awarded the maximum allowable periodic payments of $1,000 per month for the loss of financial support for the deceased's three dependent children, along with a retroactive payment of $22,000.

The applicant applied to the Criminal Injuries Compensation Board for bereavement counselling expenses following the murder of her mother by her father.

The applicant experienced post-traumatic symptoms after returning to Canada and being triggered by proximity to the crime.

The Board found the applicant eligible for compensation as a family member of a deceased victim of a crime of violence.

The Board awarded $2,400 for future counselling sessions, in addition to a previous interim award of $1,000.

The Applicant sought compensation from the Criminal Injuries Compensation Board for pain and suffering, lost income, and expenses following a workplace assault by a co-worker.

The Board found the Applicant was a victim of a crime of violence and assessed pain and suffering at $5,000.

However, because the Applicant had already received $8,000 from a civil settlement and a restitution order, the Board declined to award further compensation for pain and suffering pursuant to section 17(3) of the Compensation for Victims of Crime Act.

Claims for lost income were denied due to lack of evidence linking the job loss to the injuries.

The Board awarded $70 for the cost of obtaining medical records.

The applicant applied to the Criminal Injuries Compensation Board for compensation for nervous shock, future counseling, and loss of income following the murder of his sister.

The applicant attended the scene shortly after the murder and subsequently took custody of his traumatized niece.

The Board found that the applicant suffered nervous shock due to the relational and locational proximity to the crime.

The Board awarded $7,000 for pain and suffering, $2,000 for income loss, and $2,400 for future counseling.