COURT FILE NO.: 265/03
DATE: 20040112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J. S.C., O’DRISCOLL AND CAPUTO JJ.
B E T W E E N:
ANTHONY R. BROWN
(Appellant)
- and -
CRIMINAL INJURIES COMPENSATION BOARD
(Respondent)
In Person
David F. Fine, for the Respondent
HEARD: January 12, 2004
Oral Reasons for Judgment
O’DRISCOLL J.: (Orally)
[1] After reviewing the submissions of the appellant, the factum of the appellant and the factum of the respondent, we conclude that:
(i) there is no question of law involved which is the only time that the Divisional Court has jurisdiction pursuant to the provisions of s.23 of the Compensation for Victims of Crimes Act, R.S.O. 1990, c.C.24 (the Act);
(ii) moreover, we cannot say, on this record, that the Criminal Injuries Compensation Board (CICB) was patently unreasonable, arbitrary, capricious or failed to observe natural justice when it found as a fact that the eviction related moving expenses claimed by Mr. Brown were not related to the incident which was the subject of the hearing before the CICB, namely, a March 20, 2000 incident. The CICB found as a fact that the expenses were related to an April 25, 2000 incident. It must be remembered that there is no right to compensation under the Act, there is only a right to apply for compensation which may be granted or refused at the discretion of the CICB in accordance with natural justice. See: Sheehan and Criminal Injuries Compensation Board (1975), 1974 439 (ON CA), 5 O.R. (2d) 781 (Ont. C.A.). For these reasons, the appeal is dismissed.
[2] Counsel for the CICB does not ask for costs. There will be no order as to costs.
CUNNINGHAM A.C. J. S.C.
O’DRISCOLL J.
CAPUTO J.
Date of Reasons for Judgment: January 12, 2004
Date of Release: January 15, 2004
COURT FILE NO.: 265/03
DATE: 20040112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
CUNNINGHAM A.C.J.S.C., O’DRISCOLL AND CAPUTO JJ.
B E T W E E N:
ANTHONY R. BROWN
(Appellant)
- and -
CRIMINAL INJURIES COMPENSATION BOARD
(Respondent)
ORAL REASONS FOR JUDGMENT
O’DRISCOLL J.
Date of Reasons for Judgment: January 12, 2004
Date of Release: January 15, 2004