Criminal and Quasi-Criminal Law - OCICB

The applicant sought compensation from the Criminal Injuries Compensation Board for psychological injuries sustained after a stray bullet entered her home during a dispute outside.

The Board found that the incident constituted careless use of a firearm under the Criminal Code, making the applicant eligible for compensation despite no suspect being identified or convicted.

The Board awarded $3,000 for pain and suffering, noting that some of the applicant's psychological issues were pre-existing, and denied additional funds for future therapy as previously awarded funds remained unused.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained during a physical altercation over a parking dispute.

The Board found significant inconsistencies in the applicant's evidence regarding the sequence of events, including when he pushed and bear-hugged the alleged offender.

The Board concluded that the applicant failed to prove on a balance of probabilities that the alleged offender was not acting in lawful self-defence when he punched the applicant.

Furthermore, the Board held that the applicant's own behaviour contributed to his injuries, warranting a denial of compensation under s. 17(1) of the Compensation for Victims of Crime Act.

The Applicant applied to the Criminal Injuries Compensation Board for compensation following an unprovoked assault with a glass bottle that resulted in a laceration to the forehead and psychological distress.

The Board found that the injuries resulted from a crime of violence, supported by the offender's conviction and medical evidence.

The Board awarded $6,000 for pain and suffering and $1,643.50 for tuition and legal costs, but denied the claim for loss of income as the Applicant's employment had ended prior to the assault.

The applicant applied to the Criminal Injuries Compensation Board for bereavement counselling expenses following the death of her brother.

Her brother died in a fire set by an offender who was subsequently convicted of manslaughter.

The Board found that the manslaughter conviction was conclusive evidence of a crime of violence and that the applicant was eligible for compensation as a family member.

The Board awarded $1,800.00 for future bereavement counselling sessions.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained after being stabbed five times by an offender.

The Board found that while the applicant was a victim of a crime of violence, his own conduct—including engaging in a text message dispute, agreeing to a consensual fight, and arming himself—contributed to his injuries.

Furthermore, the Board considered the applicant's extensive criminal record for violent offences as a relevant circumstance under section 17(1) of the Compensation for Victims of Crime Act.

The application for compensation was denied.

The Applicant sought financial compensation from the Criminal Injuries Compensation Board following the murder of his brother.

The Applicant claimed funeral expenses, loss of wages, transportation costs to return the deceased to his country of origin, and loss of financial support for himself and his siblings.

The Board found the deceased was a victim of a crime of violence.

The Board awarded $2,957.51 for funeral expenses and $150.00 for loss of wages, but dismissed the claims for international transportation costs and loss of financial support, finding no legal dependency was established.

The applicant sought a review of a single member's decision denying compensation under the Compensation for Victims of Crime Act for an eye injury caused by a paintball.

The original member found insufficient evidence that the injury resulted from an intentional assault rather than an accident.

The review panel held that a review hearing is not an opportunity to present new evidence or re-argue the case.

Finding no serious error of law or unreasonable exercise of discretion in the original decision, the panel dismissed the review and upheld the original order.

The applicant sought compensation from the Criminal Injuries Compensation Board for physical and psychological injuries sustained after being stabbed.

While the Board found the applicant was a victim of a crime of violence, it denied compensation under section 17(1) of the Compensation for Victims of Crime Act.

The Board considered the applicant's extensive criminal record, which included numerous convictions for violent crimes and domestic violence, as a relevant circumstance that outweighed the injuries suffered.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained in two separate incidents involving his uncle.

The first incident involved the applicant being struck by his uncle's motor vehicle.

The Board dismissed this claim, finding the incident was inadvertent and not a crime of violence.

The second incident involved a physical assault by the uncle, resulting in a facial fracture.

The Board granted this claim, finding the applicant was a victim of a crime of violence, and awarded $6,000 for pain and suffering.

The Applicant sought compensation from the Criminal Injuries Compensation Board after being shot 14 times by an offender.

The Board found that the Applicant was a victim of a crime of violence but reduced the compensation award by 40% under section 17(1) of the Compensation for Victims of Crime Act because the Applicant's prior criminal conduct, including robbing a known drug dealer and confronting the offenders, contributed to the events leading to the shooting.

The Applicant was awarded $10,200 for pain and suffering, plus medical expenses and future counselling.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained during a home invasion and robbery where he was shot in the leg.

The Board found the applicant was a victim of a crime of violence and awarded compensation for pain and suffering, medical expenses, and travel costs.

The claim for income loss was denied due to a lack of supporting documentation.

The applicant sought compensation from the Criminal Injuries Compensation Board on behalf of a victim who sustained a severe traumatic brain injury following an aggravated assault.

Although the alleged offender was found not guilty at trial, the Board found on a balance of probabilities that a crime of violence occurred.

The Board awarded the statutory maximum of $25,000, comprising $12,000 for pain and suffering and $13,000 as a contribution towards out-of-pocket medical and assistive expenses.

The applicant sought a review of a single member's decision awarding her compensation for injuries sustained during an assault by an offender known to her.

The review panel admitted new medical evidence, finding the applicant's pre-existing brain injury had hindered her ability to present her case initially.

The panel concluded the original member made a serious error of law by overlooking documented evidence of the applicant's injuries, including dog bites and the exacerbation of her brain injury.

The panel overturned the original order and increased the award for pain and suffering and future treatment expenses.

The applicant sought financial compensation from the Criminal Injuries Compensation Board for pain and suffering resulting from an unprovoked physical assault.

The offender, an acquaintance, pushed the applicant's head against a wall, causing a head laceration, concussion, and fractured teeth, and subsequently pled guilty to assault causing bodily harm.

The Board found that the applicant suffered physical and psychological injuries as a result of a crime of violence and awarded $4,000 for pain and suffering.

The applicant sought compensation from the Criminal Injuries Compensation Board for pain and suffering following an unprovoked physical assault in his home.

The offender, who had demanded to use the applicant's apartment to sell drugs, punched the applicant repeatedly, causing severe facial fractures that required emergency surgery and a bone graft.

The offender was subsequently convicted of assault causing bodily harm.

The Board found that the applicant's injuries resulted from a crime of violence and awarded $10,000 for pain and suffering, noting the profound impact on the applicant's well-being and personal safety.

The applicant sought compensation from the Criminal Injuries Compensation Board for physical and psychological injuries sustained during an unprovoked assault by strangers while waiting for a bus.

The incident resulted in a criminal conviction for assault.

The Board found that the applicant proved on a balance of probabilities that the injuries resulted from the crime.

The Board awarded $5,000 for pain and suffering, considering the physical injuries, emergency treatment, and ongoing emotional impact.