Re 1803-01093, 2020 ONCICB 18

Criminal Injuries Compensation Board

Adjudicator: David Fine
Date: July 9, 2020
Indexed as: (Re) 1803-01093

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, the cost of past and future bereavement counselling and loss of financial support.

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.

Evidence

4On […] the Applicant’s son (the deceased) was shot and killed while walking to his car in a parking lot. According to the Police Incident Report and the media reports the deceased was a victim of a random attack. He is described as being an innocent bystander who got caught in the middle of a gang war.

5The Applicant’s application indicates that she incurred expenses for the deceased’s funeral.

6The Applicant also advised a staff member of the CICB that the basis of the claim for loss of financial support was that the deceased gave her cash from time to time. However, the Applicant did not provide any detail regarding the amount or frequency of the payments. The Applicant also advised the CICB staff member that she had taken bereavement counselling.

7The Applicant did not produce any documentation to verify any of her claims.

8The Applicant received $10,000.00 from the Financial Assistance for Families of Homicide Victims program (FAFHV).

9According to media reports […].

Analysis

Crime of Violence

10A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that the deceased’s death resulted from the crime of violence.

11I find the deceased’s death resulted from the crime of violence as it is corroborated by the Police Incident Report.

12Where a death has occurred as a result of a crime of violence family members of the deceased may be eligible for certain compensation including expenses related to funerals and burials, loss of income that the victim provided to support a dependent, and the cost of bereavement counselling to assist with immediate grief symptoms.

13With respect to expenses, the CICB generally requires receipts and other supporting documents for the expenses claimed both to verify the amounts claimed and to confirm that such costs are not covered by other sources. The Applicant has not produced any documentation in connection with the claim for expenses for a funeral and bereavement counselling to date. In the absence of such evidence and having found no compelling reason to deviate from the general practice, I deny the claims for funeral and past counselling expenses.

14With respect to a claim for loss of financial support, the CICB generally requires the deceased’s bank statements, evidence of income and that the income has been declared to Canada Revenue Agency and a Financial Information Form from the Applicant. The Applicant has not provided any documentation in connection with the claim for loss of financial support. Further, the Applicant has not provided any detail regarding the amount or frequency of cash payments. In the absence of such evidence and having found no compelling reason to deviate from the general practice, I deny the claim for loss of financial support.

15With respect to the claim for the cost of future bereavement counselling the CICB generally requires documentation or other evidence indicating that future counselling is necessary, the number of sessions required and the cost of such sessions. The Applicant has not produced any documentation or evidence in that regard. In the absence of such evidence and having found no compelling reason to deviate from the general practice, I deny the claim for the cost of future counselling.

16If an award was made, I would be required to apply s.17(3) of the CVCA because of the funds the Applicant received from the FAFHV. That section provides “In assessing compensation the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance”.

17In making these findings I do not mean to diminish in any way the suffering the Applicant has experienced.

18The Application is hereby dismissed.