CRIMINAL INJURIES COMPENSATION BOARD
Applicant: Self-Represented
Adjudicator: Kevin Cleghorn
Indexed as: (Re) File 1711-03795
DECISION
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (CVCA). The applicant is seeking bereavement counseling expenses for himself and three children and financial support to cover the expenses related to raising the Deceased’s three children, […], […] and […]. The Applicant’s common law partner (the deceased) was likely murdered sometime between […] and […] when her body was discovered in […]. The circumstances of the death of the Deceased remain unknown. The matter remains under police investigation but it is being treated as a homicide, with no suspect yet identified. The CICB offers our sincere condolences for this tragic loss under such difficult circumstances.
Decision
2In accordance with the CVCA, the CICB partially grants the Application and awards the Applicant $5,000 for bereavement counseling expenses and periodic support for the child […] in the amount of $750 per month, retroactive to November 1, 2015. The reasons for this Decision follow below.
Hearing
3This matter was considered as a written hearing. The Applicant submitted his application, a proof of death certificate for the deceased, media reports, an expense form, a custody order relating to the child […], a letter and other written communication from the police service involved in the homicide investigation, the Applicant’s driver’s licence, and a birth certificate for the child […].
Evidence
4The Applicant advises the CICB that the Deceased is the mother of the three children previously mentioned. The Deceased left her home in […]and never returned. Her body was discovered in […].
5The Applicant is caring for all three of the children alone at this time and has done so since the disappearance of the deceased. The two children, […] and […] are his biological children with the Deceased; the other child, […] is the Deceased’s child but not his biological child. He has provided care for her since the disappearance of the Deceased, and likely prior to that time. He now has a final order issued from the Family Court of the Superior Court of Justice which provides that he has sole custody of […]. It should be noted that there are multiple discrepancies throughout the application in terms of spelling of names and birthdates; I have utilized the information in any official documents (e.g. birth certificate, death certificate and custody order) which have been filed whenever such discrepancies arise. I mean no disrespect if any of the information is incorrect in any fashion.
6The Applicant advises that the Deceased was not employed or earning an income prior to her death. He indicates that she would care for the children in the home when he was at work. He has not provided any income tax returns or financial information of any kind to verify or confirm any historical earnings of the Deceased.
Analysis
Crime of Violence
7Section 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the death. In this application, there has not been an alleged offender identified.
8The Applicant is required to prove, on a balance of probabilities, not only that the Deceased was a victim of a crime or crimes of violence but also that the death resulted from the crimes.
9I find, on the balance of probabilities, that the Deceased was the unfortunate victim of a horrific act of violence. The police have not released a cause of death but have confirmed that the death is being considered and treated as a homicide. There is no evidence to conclude that the Deceased was in any way responsible for the violent event that resulted in her death.
10I find that the Applicant has satisfied his burden and has proven on a balance of probabilities that the Deceased was a victim of a crime of violence and that her death resulted from that crime.
Compensation
10Section 7(1) of the CVCA states:
7 (1) Compensation may be awarded for,
(a) expenses actually and reasonably incurred or to be incurred as a result of the victim’s injury or death;
(b) pecuniary loss incurred by the victim as a result of total or partial disability affecting the victim’s capacity for work;
(c) pecuniary loss incurred by dependants as a result of the victim’s death;
(d) pain and suffering;
(e) support of a child born as a result of rape;
(f) other pecuniary loss resulting from the victim’s injury and any expense that, in the opinion of the Board, it is reasonable to incur.
11None of the children would be entitled to any support pursuant to section 7(1)(c) of the CVCA on the basis that there has been no pecuniary loss incurred. In other words, since the Deceased was not providing any direct financial contribution to the household (other than government entitlements or tax credits), there is no basis to compensate the children for financial support that was not being provided by her during her lifetime. In addition, since the Applicant is required by law to provide for his own biological children, there is no basis to consider an expense claim on behalf of his two biological children. He has, however, assumed legal responsibility for the child […] for whom he may not have had any ongoing responsibility. It is to the considerable credit of the Applicant that he has willingly and lovingly agreed to provide care for […] and maintain the three siblings together in the same household.
12When considering an expense claim to raise a child of a deceased victim, the CICB must consider what amount of expenses is reasonable. Such considerations include the average costs of raising a child, as well as the particular costs associated with raising this particular child. The CICB has considered statistics and information from Children’s’ Aid Societies, Canadian Council on Social Development and Federal Child Support Guidelines when arriving at the cost of raising a child. It is the Board’s practice to consider the average cost of raising a child as $750.00 a month for one child.
13Accordingly, the CICB will award the applicant $750.00 a month to cover the ongoing childcare expenses of the child […]. These periodic payments will continue until […] eighteenth birthday.
14Also, to address the past periodic payments in the 55-month period from November 1, 2015, the approximate date the child […] began living with the applicant and her siblings alone, to May 31, 2020, the Board will award a retroactive payment of $41,250.00.
Expenses
15It is apparent that the Applicant and all three children would benefit from significant therapy to assist them with overcoming the impact of the trauma of their tragic loss. He has requested same in his application, but has not been clear as to which of the children, other than […], may benefit from therapy. The Applicant has provided some receipts for psychotherapy treatment provided to […]. The Applicant received a section 14 award in the amount of $2,400.00 on December 21, 2017 for interim bereavement counseling expenses for himself.
16Based on the Applicant’s stated intention to enter into therapy in the near future, or to enter some, if not all, of the children into therapy the CICB awards the sum of $5,000 for future therapy expenses. This amount will be paid out to the Applicant directly and the Applicant can utilize these funds to pay for his and the children’s future therapy costs. It is within his discretion to determine how such funds shall be allocated and for which of them. I am also considering the amount awarded to be reimbursement for the amounts previously paid for JB’s psychotherapy expenses.
AWARD
17The Board orders payment as follows:
Subsection 7(1)(a) Expenses (Retroactive Periodic Payment) $41,250.00
Subsection 7(1)(b) Expenses $5,000.00
Section 14 Award $2,400.00
Less: Section 14 Award Previously Made -$2,400.00
TOTAL CURRENT AWARD $46,250.00
PAYMENT
18THE CICB ORDERS that the following sums be paid forthwith to:
Applicant $46,250.00
Applicant: Periodic payments of $750.00 per month to be paid on the first day of each month, pursuant to Section 7(1)(a) of the CVCA effective […] and ending on the child […] 18th Birthday.
Dated at Toronto on May 5, 2020.
_______________________________
Kevin Cleghorn, Board Member