Other Tribunals - OCICB

The Applicant sought compensation from the Criminal Injuries Compensation Board for injuries sustained in two separate incidents: a stabbing during a fight at a party, and a shooting during an illegal drug transaction.

The Board found that the Applicant was a victim of crimes of violence in both incidents.

However, compensation was denied under sections 17(1) and 17(2) of the Compensation for Victims of Crime Act because the Applicant failed to report the first incident to the police, and in the second incident, his injuries were proportional to his involvement in the illegal drug trade and he unreasonably refused to cooperate with the police investigation.

The Board awarded $400 towards the Applicant's legal expenses.

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

The Applicant gave inconsistent accounts of the incident, but evidence indicated he initiated physical contact by pushing and bear-hugging the Alleged Offender.

The Board found 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 even if self-defence did not apply, compensation would be denied under section 17(1) of the CVCA because the Applicant's behaviour directly contributed to his injuries.

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, an Uber driver, was randomly attacked by two unknown individuals and suffered physical and psychological injuries.

He applied to the Criminal Injuries Compensation Board for compensation.

The Board found the Applicant was a victim of a crime of violence and awarded $5,000 for pain and suffering, $4,200 for income loss, $1,800 for future treatment, and expenses, totaling $12,380 plus costs.

The applicant applied to the Criminal Injuries Compensation Board for compensation for injuries sustained during a home invasion.

Five men broke into the applicant's home looking to collect a drug debt owed by a co-tenant.

One of the offenders held a machete to the applicant's throat, and the applicant sustained lacerations to his hand while attempting to defend himself.

The Board found that the injuries resulted from a crime of violence and awarded the applicant $2,000.00 for pain and suffering.

The applicant sought compensation from the Criminal Injuries Compensation Board for injuries allegedly sustained when an acquaintance entered her apartment, pushed her, and choked her.

The Board found that while a crime of violence occurred, the applicant failed to prove she suffered any physical or psychological injuries.

Furthermore, the Board held that even if injuries were proven, compensation would be denied under section 17 of the Compensation for Victims of Crime Act because the applicant's behavior contributed to the incident and she refused to cooperate with the police investigation.

The application was denied.

The applicant, a correctional officer, applied to the Criminal Injuries Compensation Board for compensation for pain and suffering after being assaulted by an inmate.

The offender struck the applicant in the face, causing a nasal fracture and resulting in post-traumatic stress disorder.

The Board found that the injuries resulted from a crime of violence and awarded the applicant $3,000 for pain and suffering under the Compensation for Victims of Crime Act.

The applicant filed an application for compensation with the Criminal Injuries Compensation Board but passed away before it was heard.

The Board determined that the right to compensation under the Compensation for Victims of Crime Act is a personal right that does not pass to the estate when death results from causes unrelated to the crime of violence.

The application was dismissed as abandoned without a hearing.

The applicant sought a review of a single member's decision denying her request for an additional $2,680.00 for future dental expenses related to a 2008 assault.

The review panel found no serious error of law or unreasonable exercise of discretion in the original decision, as the dental report did not link the new dental issues to the 2008 crime of violence.

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

The applicant sought a review of a single member's decision denying his request for a variation to award an additional 4,350 euros for dental expenses related to a 1992 assault.

The review panel found that the single member did not err in concluding that the dental report failed to link the 1992 assault with the applicant's 2017 dental issues, which were attributed to gum disease and natural deterioration.

The application for review was dismissed, and the original order remained in effect.

The Applicant, a senior citizen with a cognitive disability residing in a group home, was viciously attacked by another resident.

The Applicant suffered extensive physical injuries, including multiple fractures and hematomas.

The Criminal Injuries Compensation Board found that the Applicant was a victim of a crime of violence and awarded $12,000 for pain and suffering, payable to the Office of the Public Guardian and Trustee.

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 Criminal Injuries Compensation Board issued a Notice of Intent to Dismiss the application without a hearing pursuant to Rule 5.1.

After reviewing the applicant's written submissions, the Board permitted the application to proceed to adjudication at a full hearing on the merits under Rule 5.3.

The Board noted that resuming processing does not guarantee compensation will be awarded.

The Applicant sought to vary a previous decision of the Criminal Injuries Compensation Board that awarded compensation for injuries resulting from a crime of violence.

The Applicant required a second surgery and incurred further travel expenses for treatment.

The Board found that the complications and additional treatments constituted a change in circumstances under section 25 of the Compensation for Victims of Crime Act.

The Board varied the original award, increasing the contribution for travel to treatment from $400.00 to $1,000.00, resulting in a total current award of $11,388.09.

The applicant, a police officer, applied to the Criminal Injuries Compensation Board for compensation after fracturing his hand while arresting a suspect on an outstanding bench warrant.

The Board denied the application, finding that the injury was not the result of a crime of violence, nor did it occur while arresting an offender for an offence against another person or preventing an offence against another person, as required by section 5 of the Compensation for Victims of Crime Act.

The applicant filed an application with the Criminal Injuries Compensation Board and subsequently advised the Board of their wish to withdraw it.

The Board confirmed the withdrawal and closed the file pursuant to Rule 20 of the 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 applied to the Criminal Injuries Compensation Board for pain and suffering resulting from an armed robbery at her workplace.

The applicant suffered psychological trauma, including PTSD, though she had pre-existing health conditions.

The Board found that the injuries resulted from a crime of violence, supported by the offenders' convictions.

The Board awarded the applicant $5,000 for pain and suffering.

The applicant sought compensation from the Criminal Injuries Compensation Board for psychological injuries and income loss after witnessing the drive-by shooting murder of a friend and neighbor.

The applicant administered CPR to the victim, who died at the scene.

The Board found that the applicant suffered nervous shock and psychological injuries from witnessing the crime and coming to the victim's immediate aid.

The Board awarded $7,000 for pain and suffering, $200 for income loss, and pre-authorized $1,200 for future counseling.

The applicant applied to the Criminal Injuries Compensation Board for compensation for pain and suffering following an unprovoked assault that resulted in physical and psychological injuries.

The Board found that the applicant was a victim of a violent crime and awarded $5,000 for pain and suffering.

The claim for psychological expenses was denied due to a lack of receipts and proof of payment.