CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Guy Savoie
Indexed as: (Re) 1907-03390
RECONSIDERATION DECISION
Introduction
1The Criminal Injuries Compensation Board (CICB) heard this Application and issued its Decision on April 20, 2020.
2The Applicant requests the CICB use its discretion to initiate a reconsideration of the Decision because the request for compensation for legal fees submitted to the CICB on July 19, 2019 was not provided to the Member conducting the written hearing.
3In an administrative oversight, the Applicant’s request for legal fees was not provided to the Member.
4In its Decision, the CICB did not consider the Applicant’s request for legal fees.
5Rule 19.4 of the CICB’s Rules of Procedure provides that the CICB may initiate a reconsideration of a decision of a single member or a panel where it considers it advisable and appropriate to do so.
6The reconsideration was conducted in writing on the basis of materials in the CICB’s file.
Decision
7I find it advisable and appropriate to initiate a reconsideration of the Decision to consider the Applicant’s request for legal fees. My reasons follow below.
8In determining whether to grant or deny a reconsideration upon initiating the reconsideration process, the CICB must be satisfied that there are new facts or evidence that could potentially be determinative of the application and that could not reasonably have been obtained earlier; or the party seeking reconsideration was entitled to but, through no fault of its own, did not receive notice of the proceeding or a hearing; or the decision is in conflict with established jurisprudence or CICB procedure and the proposed reconsideration involves a matter of general or public importance; or other factors exist that, in the opinion of the CICB, outweigh the public interest in the finality of CICB decisions.
1Given that the Applicant submitted a request for legal fees and that was not provided to the Member to consider prior to the written hearing, I am satisfied the decision is in conflict with CICB procedure and in the opinion of the CICB, this outweighs the public interest in the finality of CICB decisions. The scope of the reconsideration will be limited to the issue of legal fees.
2The CICB awards costs in the amount of $400.00 for legal fees. This amount will be paid directly to the Applicant’s legal representative.
Award
3The CICB makes the following award effective immediately:
Section 22 Costs – Legal Fees $ 400.00
Payment
4The CICB orders the following be paid immediately to:
Law Firm
$ 400.00
Dated at Toronto on June 24, 2020
Guy Savoie, Vice Chair