OCICB 2020

The applicant sought compensation for bereavement counselling following the death of their brother, who was stabbed and killed.

The Criminal Injuries Compensation Board had previously awarded $750 for bereavement counselling, which remained unutilized.

The Board found the deceased was a victim of a crime of violence but concluded the previous award was reasonable and appropriate.

The application was closed with no further compensation awarded.

The applicant requested that the Criminal Injuries Compensation Board initiate a reconsideration of a decision dismissing his application.

The application had been dismissed after the applicant failed to attend his scheduled electronic hearing and explicitly advised the Board that he wished to have the matter dismissed.

The applicant claimed he was unaware of the consequences of his decision.

The Board declined to initiate a reconsideration, finding that the applicant had been fully informed of the consequences of dismissal and that no factors outweighed the public interest in the finality of the Board's decisions.

The Applicant applied to the Criminal Injuries Compensation Board for compensation following the murder of her spouse.

The Board found that the Applicant suffered mental or nervous shock after witnessing the immediate aftermath of the murder.

The Board awarded compensation for mental or nervous shock, bereavement counselling, burial expenses, legal fees, and loss of financial support for the deceased's minor children, totaling $69,657.00 plus periodic monthly payments.

The applicant, a special constable, applied to the Criminal Injuries Compensation Board for pain and suffering compensation after being assaulted by a prisoner.

The applicant suffered permanent injuries to his right shoulder and right knee, as well as psychological issues.

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

However, because the applicant had already received a Non-Economic Loss award from the WSIB for $9,800, which exceeded the maximum allowable CICB award of $5,000 for pain and suffering, the application was dismissed pursuant to section 17(3) of the Compensation for Victims of Crime Act.

The Applicant requested a reconsideration of a decision that dismissed his application as abandoned for failing to appear at a scheduled hearing.

The Applicant submitted that he did not receive the notice of hearing because he had been transferred to a different correctional facility.

The adjudicator found that the Applicant did not receive notice through no fault of his own and initiated a reconsideration in the interest of procedural fairness, ordering a fresh hearing.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained when he was shot at a farm where an illegal marijuana grow operation was taking place.

The Board found that while the applicant was a victim of a crime of violence and suffered injuries as a result, he and his associates refused to cooperate with the police investigation, leading to the withdrawal of serious criminal charges against the alleged perpetrators.

Pursuant to section 17(2) of the Compensation for Victims of Crime Act, the Board exercised its discretion to deny the application entirely due to this lack of cooperation.

The applicant sought compensation from the Criminal Injuries Compensation Board for mental or nervous shock, bereavement counselling, and expenses following the fatal stabbing of her brother.

The Board found that the applicant did not meet the legal test for mental or nervous shock because she did not witness the crime or its immediate aftermath.

However, the Board awarded $1,800 for future bereavement counselling to assist with the grief and distress associated with the loss.

Claims for travel expenses and loss of income were denied due to lack of documentation and failure to meet the distance threshold.

The Applicant sought reconsideration of a Criminal Injuries Compensation Board decision that denied his claim for loss of income following the death of his son.

The Applicant had been unable to obtain the required Employer's Report prior to the initial written hearing due to the COVID-19 pandemic.

The Board initiated a reconsideration, finding that the new evidence could not have been reasonably obtained earlier and was determinative.

Upon reviewing the Employer's Report and therapy records, the Board awarded the Applicant $7,750.00 for income loss, bringing the total compensation award to $16,750.00.

The Applicant applied to the Criminal Injuries Compensation Board for pain and suffering resulting from an assault.

The Applicant intervened to assist a store owner who was being assaulted and was kicked in the knee by the offender.

The Board found on a balance of probabilities that the Applicant was a victim of a crime of violence and sustained physical and psychological injuries.

The Board awarded the Applicant $2,000 for pain and suffering.

The Applicant requested a reconsideration of a Criminal Injuries Compensation Board decision that denied funeral expenses for her son due to a lack of supporting documentation.

The Board found that the Applicant had in fact submitted the receipts, but they were omitted from the electronic file due to an administrative oversight.

The Board initiated a reconsideration, found the funeral expenses to be reasonable, and awarded $7,644.10 after deducting amounts already received from the Financial Assistance for Families of Homicide Victims program.

The applicant applied to the Criminal Injuries Compensation Board for compensation following the shooting death of her son, an innocent bystander in a gang-related incident.

She sought compensation for funeral expenses, past and future bereavement counselling, and loss of financial support.

The adjudicator found that the death resulted from a crime of violence but dismissed the application because the applicant failed to provide any receipts, bank statements, or other supporting documentation to verify her claims.

The application was denied in its entirety.

The Applicant requested a reconsideration of a Criminal Injuries Compensation Board decision because a request for legal fees was not provided to the adjudicator due to an administrative oversight.

The Board initiated the reconsideration, finding that the oversight conflicted with Board procedure and outweighed the public interest in the finality of decisions.

The Board awarded $400.00 for legal fees.

The applicant applied to the Criminal Injuries Compensation Board for funeral expenses following the stabbing death of her step-son.

The perpetrator was convicted of manslaughter, establishing that a crime of violence occurred under the Compensation for Victims of Crime Act.

However, the applicant failed to provide any estimates, receipts, or documentation to prove the funeral expenses were actually and reasonably incurred.

Consequently, the application for compensation was denied.

The Applicant applied to the Criminal Injuries Compensation Board for a periodic award to support the child of the deceased, who was killed in a shooting.

The Board found that the deceased was a victim of a crime of violence but denied compensation under s. 17(1) of the Compensation for Victims of Crime Act because the deceased initiated the shooting, directly contributing to his own death.

Furthermore, the Applicant failed to prove that the deceased was financially supporting the child at the time of the incident.

The applicant sought compensation from the Criminal Injuries Compensation Board after witnessing her son, who was in a psychotic state, attack her husband.

The husband sustained severe head injuries, remained in a vegetative state, and later died.

The offender was found not criminally responsible.

The Board found the applicant suffered compensable mental or nervous shock and awarded $22,504.80 for pain and suffering, past and future therapy expenses, and loss of financial support.

The Applicant sought compensation from the Criminal Injuries Compensation Board for pain and suffering resulting from four alleged crimes of violence committed by a fellow condominium tenant.

Following a reconsideration request by the Alleged Offender, a new hearing was held in writing.

The Board found on a balance of probabilities that the Applicant was a victim of assault and threats, despite the Alleged Offender's acquittal in criminal court.

The Board awarded $6,000 for pain and suffering based on the cumulative effect of the incidents.

The Applicant requested a reconsideration of a Criminal Injuries Compensation Board decision that denied her claim for her caregiver spouse's loss of income.

The Board initiated the reconsideration because the Applicant had submitted the required Employer's Report prior to the original written hearing, but it was not provided to the adjudicator due to an administrative oversight.

Upon reviewing the new evidence, the Board awarded $600 for the caregiver's loss of income, bringing the total compensation award to $5,600.

The Applicant sought compensation from the Criminal Injuries Compensation Board for physical and psychological injuries allegedly sustained during an altercation in an elevator.

The Board found the Applicant lacked credibility, noting inconsistent testimony and her admission to kicking the assailant first.

Applying section 17(1) of the Compensation for Victims of Crime Act, the Board concluded the Applicant's own behaviour directly contributed to her injuries and that she assumed a significant element of risk by remaining in the elevator.

The application for compensation, including claims for expenses and income loss, was denied.

The applicant sought compensation from the Criminal Injuries Compensation Board after being struck by an ATV on his property.

The ATV and a dirt bike fled the scene after the collision.

The Board found that the applicant failed to prove on a balance of probabilities that the collision was an intentional assault by a motor vehicle rather than a motor vehicle accident.

As the incident did not meet the definition of a crime of violence under the Compensation for Victims of Crime Act, the application was denied.

The applicant sought financial compensation from the Criminal Injuries Compensation Board following the homicide of his common-law partner.

The applicant claimed expenses for bereavement counseling and financial support for raising the deceased's three children.

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

The Board awarded $5,000 for bereavement counseling and $750 per month for the support of the deceased's non-biological child, including a retroactive payment of $41,250.