OCICB 2019

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained after being stabbed five times by an offender.

The Board found that while the applicant was a victim of a crime of violence, his own conduct—including engaging in a text message dispute, agreeing to a consensual fight, and arming himself—contributed to his injuries.

Furthermore, the Board considered the applicant's extensive criminal record for violent offences as a relevant circumstance under section 17(1) of the Compensation for Victims of Crime Act.

The application for compensation was denied.

The Applicant sought financial compensation from the Criminal Injuries Compensation Board following the murder of his brother.

The Applicant claimed funeral expenses, loss of wages, transportation costs to return the deceased to his country of origin, and loss of financial support for himself and his siblings.

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

The Board awarded $2,957.51 for funeral expenses and $150.00 for loss of wages, but dismissed the claims for international transportation costs and loss of financial support, finding no legal dependency was established.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained during an unprovoked assault at a high school after-prom party.

The applicant suffered a concussion, broken teeth, and developed an arteriovenous malformation (AVM) requiring multiple surgeries.

The Board found the applicant was a victim of a crime of violence and awarded $12,000 for pain and suffering, plus expenses and costs, totaling $16,596.85.

The applicant sought reconsideration of a decision by the Criminal Injuries Compensation Board seven months after it was issued.

The applicant claimed the delay was due to a mail strike and lost mail.

The Board found the explanation for the delay was not credible and that the applicant failed to present any new evidence that would justify a reconsideration under Rule 19.3.

The request for reconsideration was denied.

The applicant requested a review of a single member's decision which ordered the continuation of periodic payments but noted that the statutory maximum award of $365,000 would be reached in February 2023, after which no further payments would be made.

The applicant, who suffered severe permanent injuries from a violent attack and is unable to work, argued he would be left destitute.

The panel confirmed the original decision, finding no serious error of law or unreasonable exercise of discretion, as section 19(2) of the Compensation for Victims of Crime Act strictly limits total periodic payments to $365,000 per occurrence.

The Applicant applied to the Criminal Injuries Compensation Board for compensation following an unprovoked assault on a university campus that resulted in a fractured jaw and dental injuries.

The offender was convicted of assault.

The Board found the Applicant was a victim of a crime of violence and awarded $9,948.02 in compensation for pain and suffering, medical expenses, income loss, future dental treatment, and legal costs.

The applicant, a youth worker at a group home, sought compensation after being physically assaulted by a resident who threw a bowling ball at her and kicked her in the head.

The Criminal Injuries Compensation Board found that the applicant was a victim of a crime of violence and that her injuries, including a concussion and psychological trauma, resulted from the incident.

The Board awarded $6,000 for pain and suffering, $450 for income loss, and additional amounts for expenses and future therapy.

The applicant requested a review of a single member's decision denying his request for an additional $10,000 for dental expenses related to a 2013 assault.

The applicant had previously been awarded compensation, including a $10,000 contribution towards dental work.

The review panel found that the single member did not err in law or unreasonably exercise his discretion in denying further compensation, noting that victims are not necessarily entitled to be made completely whole.

The application for additional dental expenses was dismissed.

The Applicant applied to the Criminal Injuries Compensation Board for compensation for pain and suffering resulting from multiple assaults by a co-resident at a group home between 1999 and 2000.

The Applicant testified that the physical and emotional abuse exacerbated his pre-existing epileptic condition.

The Board found the Applicant to be a victim of a crime of violence under the Compensation for Victims of Crime Act and accepted that his injuries resulted from the assaults.

The Board awarded a global sum of $8,000 for pain and suffering.

The applicant sought compensation from the Criminal Injuries Compensation Board for the death of his brother, who was murdered in 2010.

The application was filed outside the two-year limitation period because the family was only notified of the murder by police in 2018.

The adjudicator found this to be a reasonable explanation for the delay and exercised her discretion to extend the time for filing the application.

The applicant sought compensation for the death of a victim who disappeared and whose body was found years later.

The application was filed outside the two-year limitation period under the Compensation for Victims of Crime Act.

The adjudicator found the applicant provided a reasonable explanation for the delay and exercised discretion to extend the time for filing the application.

The applicant filed an application for compensation with the Criminal Injuries Compensation Board but passed away before it was heard.

The Board determined that the right to compensation under the Compensation for Victims of Crime Act is a personal right that does not pass to the estate when death results from causes unrelated to the crime of violence.

The application was dismissed as abandoned without a hearing.

The applicant sought a review of a single member's decision denying her request for an additional $2,680.00 for future dental expenses related to a 2008 assault.

The review panel found no serious error of law or unreasonable exercise of discretion in the original decision, as the dental report did not link the new dental issues to the 2008 crime of violence.

The request for variation was denied and the original decision confirmed.

The applicant sought a review of a single member's decision denying his request for a variation to award an additional 4,350 euros for dental expenses related to a 1992 assault.

The review panel found that the single member did not err in concluding that the dental report failed to link the 1992 assault with the applicant's 2017 dental issues, which were attributed to gum disease and natural deterioration.

The application for review was dismissed, and the original order remained in effect.

The Applicant, a senior citizen with a cognitive disability residing in a group home, was viciously attacked by another resident.

The Applicant suffered extensive physical injuries, including multiple fractures and hematomas.

The Criminal Injuries Compensation Board found that the Applicant was a victim of a crime of violence and awarded $12,000 for pain and suffering, payable to the Office of the Public Guardian and Trustee.

The applicant filed an application with the Criminal Injuries Compensation Board and subsequently advised the Board of their wish to withdraw it.

The Board confirmed the withdrawal and closed the file pursuant to Rule 20 of the Rules of Procedure.

The Applicant sought to vary a previous decision of the Criminal Injuries Compensation Board that awarded compensation for injuries resulting from a crime of violence.

The Applicant required a second surgery and incurred further travel expenses for treatment.

The Board found that the complications and additional treatments constituted a change in circumstances under section 25 of the Compensation for Victims of Crime Act.

The Board varied the original award, increasing the contribution for travel to treatment from $400.00 to $1,000.00, resulting in a total current award of $11,388.09.

The Applicant filed an application with the Criminal Injuries Compensation Board.

The Board issued a notice of intent to dismiss the application without a hearing and provided the Applicant 30 days to submit written submissions.

The Applicant failed to respond.

The Board dismissed the application pursuant to Rule 5.3 of its Rules of Procedure.

The applicant, a police officer, applied to the Criminal Injuries Compensation Board for compensation after fracturing his hand while arresting a suspect on an outstanding bench warrant.

The Board denied the application, finding that the injury was not the result of a crime of violence, nor did it occur while arresting an offender for an offence against another person or preventing an offence against another person, as required by section 5 of the Compensation for Victims of Crime Act.

The Criminal Injuries Compensation Board issued a Notice of Intent to Dismiss the application without a hearing pursuant to Rule 5.1.

After reviewing the applicant's written submissions, the Board permitted the application to proceed to adjudication at a full hearing on the merits under Rule 5.3.

The Board noted that resuming processing does not guarantee compensation will be awarded.