Administrative Law - OCICB

The applicant applied to the Criminal Injuries Compensation Board for compensation for pain and suffering resulting from a physical assault.

While detained in a youth detention center, the applicant was randomly attacked by another detainee, resulting in a nasal bone fracture, concussion, and other injuries.

The Board found on a balance of probabilities that the applicant was a victim of a crime of violence and suffered injuries as a result.

The application was granted, and the applicant was awarded $5,000 for pain and suffering.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained while attempting to apprehend an alleged offender in a foot chase.

The applicant suffered a shoulder injury requiring surgery.

The Board found the applicant was a victim of a crime of violence and awarded $3,000 for pain and suffering and $381.60 for travel expenses.

Claims for other expenses and lost overtime were denied due to lack of supporting documentation or coverage by private insurance.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries allegedly resulting from an assault.

The applicant had no memory of the incident due to heavy intoxication and relied on hearsay evidence from a friend.

Medical and ambulance reports suggested the injuries were consistent with a fall down a flight of stairs.

The Board found insufficient reliable evidence to prove the injuries resulted from a crime of violence and denied the application, though it awarded disbursements to the applicant's counsel.

The Applicant requested a review of a Variation Decision that denied additional compensation for pain and suffering.

The Applicant argued the single member erred by stating he had not disclosed prior injuries.

The review panel found that while the member did err in failing to consider a medical report disclosing prior injuries, this did not constitute a serious error of law as it would not have changed the result.

The panel confirmed the Variation Decision regarding pain and suffering but exercised its discretion to allow the Applicant to use $2,400 in unused funds from a previous counselling award for massage therapy.

The applicant sought compensation from the Criminal Injuries Compensation Board for funeral and burial expenses, airline tickets, and tuition fees following the death of an international student who was stabbed to death.

The Board found the deceased was a victim of a crime of violence under the Compensation for Victims of Crime Act.

The Board awarded $1,525.43 for funeral-related expenses but denied the claims for airline tickets and tuition fees, as it is not the Board's usual practice to cover such costs.

The applicant, a peace officer injured during a workplace assault, sought a review of a single member's decision awarding $5,000 for pain and suffering and denying medical expenses.

The applicant sought to introduce new medical evidence regarding a subsequent shoulder surgery.

The review panel found the new evidence did not meet the test for admission as it would not have an important influence on the result, noting the single member had already considered the likelihood of future surgery.

The panel upheld the pain and suffering award as reasonable and confirmed the denial of medical expenses due to a lack of documentation regarding WSIB coverage.

The original order was confirmed.

The applicant applied to the Criminal Injuries Compensation Board for pain and suffering compensation after her two sons were stabbed by unknown offenders.

Although the applicant did not witness the assault, she experienced significant distress, anxiety, and depression upon seeing her sons in critical condition at the hospital.

The Board applied the legal test for mental nervous shock and found that the applicant's emotional harm, while genuine, did not rise to the level of a serious and prolonged recognized psychiatric illness.

The application was dismissed.

The Applicant applied to the Criminal Injuries Compensation Board for compensation after sustaining life-threatening stab wounds during an altercation.

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

However, because the Applicant deliberately misled police about the location of the incident, frustrating their investigation, the Board reduced the compensation award under section 17(2) of the Compensation for Victims of Crime Act.

The Applicant was awarded $4,000 for pain and suffering, plus $400 for legal costs.

The applicant requested a review of a single member's decision denying her request to vary a previous compensation award.

The applicant sought to convert $2,400 previously awarded for future counselling into a direct monetary award for pain and suffering, as she no longer wished to attend therapy.

The review panel found that the single member did not err in law or unreasonably exercise discretion in denying the request, noting that the funds were pre-authorized for the specific purpose of treatment and could not be converted into cash payments for other purposes.

The application was denied.

The applicant sought compensation from the Criminal Injuries Compensation Board for funeral and burial expenses following the murder of her son.

The Board found that the deceased was a victim of a crime of violence and did not contribute to his own death, despite his criminal history.

The Board awarded the applicant $9,152.50 for funeral, burial, and other reasonable expenses, after deducting a contribution from the City of Ottawa.

The Applicant, a taxi driver, applied to the Criminal Injuries Compensation Board for compensation after being attacked by an offender with a knife.

The offender was convicted of assault causing bodily harm.

The Board found that the Applicant suffered injuries from the attack, including a bitten thumb and facial scratches, and awarded $6,000 for pain and suffering and $167.74 for medical expenses.

Claims for loss of income and property damage were denied due to lack of documentation and jurisdiction.

The Applicant sought compensation from the Criminal Injuries Compensation Board for pain and suffering, lost income, and expenses following a workplace assault by a co-worker.

The Board found the Applicant was a victim of a crime of violence and assessed pain and suffering at $5,000.

However, because the Applicant had already received $8,000 from a civil settlement and a restitution order, the Board declined to award further compensation for pain and suffering pursuant to section 17(3) of the Compensation for Victims of Crime Act.

Claims for lost income were denied due to lack of evidence linking the job loss to the injuries.

The Board awarded $70 for the cost of obtaining medical records.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained during an unprovoked assault at a bar.

The offender pled guilty to assault causing bodily harm.

The Board found that the applicant's physical injuries and the exacerbation of his pre-existing emotional issues resulted from the crime of violence.

The Board awarded $6,000 for pain and suffering but denied claims for out-of-pocket expenses and loss of income due to a lack of supporting documentation.

The applicant requested a reconsideration of an Order of Dismissal issued by the Criminal Injuries Compensation Board.

The applicant relied on new evidence under Rule 19.3(a).

The Board denied the request, finding that the new submissions did not provide the necessary clarity or missing details required to assess the claim.

The original Order of Dismissal was confirmed.

The Criminal Injuries Compensation Board conducted a periodic review of an earlier decision awarding the applicant monthly periodic payments of $1,000.00.

The review was conducted in writing pursuant to section 25 of the Compensation for Victims of Crime Act.

The Board found no new evidence or change in circumstances that would affect the amount or continuation of the payments.

The monthly periodic payments were ordered to continue, subject to a future review.

The applicant requested a review of a single member's decision denying a variation of a 2005 compensation award for pain and suffering.

The applicant sought additional compensation based on new medical evidence regarding a 1998 incident where she was struck in the head by a frozen object.

The review panel found that the single member appropriately exercised his discretion in concluding that the applicant's ongoing symptoms were not solely tied to the 1998 incident, noting subsequent injuries and other life events.

The request for review was denied and the original decision was confirmed.

The Applicant, a peace officer, applied to the Criminal Injuries Compensation Board for compensation for pain and suffering and medical expenses following an assault by a passenger on a bus.

The Board found that the Applicant was a victim of a crime of violence and suffered significant physical and emotional injuries.

The Board awarded $5,000 for pain and suffering but denied the claim for medical expenses due to a lack of evidence and potential coverage by the Workplace Safety and Insurance Board.

The Applicant filed an application with the Criminal Injuries Compensation Board.

The Board issued a notice of intent to dismiss the application without a hearing and provided the Applicant 30 days to submit written submissions.

The Applicant failed to respond.

The Board dismissed the application pursuant to Rule 5.3 of its Rules of Procedure.

The applicant applied to the Criminal Injuries Compensation Board for loss of financial support following the death of her husband, who was killed while working as a security guard.

The Board found that the deceased was a victim of a crime of violence and that the applicant was entitled to compensation.

After deducting WSIB and CPP survivor benefits from the deceased's calculated monthly contribution to the household, the Board awarded the applicant a retroactive lump sum of $5,779.43 and ongoing periodic payments of $329.00 per month.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained in a drive-by shooting.

The Board found the applicant was an innocent victim of a crime of violence who fully cooperated with police.

The Board awarded a total of $14,550 for pain and suffering, medical expenses, lost income, and future therapy.