CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: David Fine
Date: June 2, 2020
Indexed as: (Re) 1906-03246
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for a death resulting from a crime of violence. The Applicant is seeking the following forms of compensation: funeral expenses.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB denies the Application. The reasons for this Decision follow below.
Hearing
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file. The documents in the file included the application, a death certificate, a victim impact statement and police reports. Documents relating to funeral expenses were not produced.
Evidence
4According to the police reports the Applicant’s step-son was stabbed to death by an acquaintance on […].
5The police reports also confirm that the perpetrator was convicted of manslaughter.
Analysis
Crime of Violence
6A conviction is conclusive evidence that a crime of violence occurred and I find the Applicant’s step-son was a victim within the meaning of section 5(a) of the CVCA. As there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that she incurred funeral expenses as a result of the crime of violence.
Compensation
Expenses
7The Applicant must provide reliable evidence to support the claim for funeral expenses actually and reasonably incurred as a result of the death.
8The Applicant has not produced any estimates, receipts or any documentation whatsoever for funeral expenses.
9Accordingly, the Applicant’s claim is denied.
Dated at Toronto on June 2, 2020.
David Fine, Board Member