COURT FILE NO.: 06-DV-1212
DATE: November 29, 2007
SUPERIOR COURT OF JUSTICE – ONTARIO (DIVISIONAL COURT)
RE: CAMELLA BERNICKY and CRIMINAL INJURIES COMPENSATION BOARD
BEFORE: Cusinato J., Valin J., and Shaw J.
COUNSEL: Linda E. Tranter for the Appellant
David E. Fine for the Respondent
E N D O R S E M E N T
[1] This is an appeal from a decision of the Criminal Injuries Compensation Board. The standard of review is correctness.
[2] It cannot be said that the Board acted arbitrarily or capriciously. It is not alleged that the Board failed to observe the principles of natural justice.
[3] The decision of the Board, comprised of lay persons, is not to be subjected to the same scrutiny as is given to the reasons of judges. Lischka v. Ontario (Criminal Injuries Compensation Board) (1982), 27 O.R. (2d) 134 (Div. Ct.).
[4] The appellant has the right to have reasons given which explain the basis for the Board’s decision. Although the reasons given by the Board in this case are not perfect, we are of the view that test has been met. The Board, taking into account all relevant circumstances, made a factual finding that there was insufficient evidence to prove that the family members named in the appellant’s application had committed the acts of physical and sexual abuse which she described. The Board stated its concern about the lack of corroborative evidence and noted inconsistencies between persons who the appellant listed as offenders in her application, but who she failed to describe in her psychiatric assessment.
[5] We find the Board made no clear error in law. The application is therefore dismissed without costs.
Mr. Justice A. Cusinato
Mr. Justice G. Valin
Mr. Justice D. Shaw
Date Released : November 29, 2007
COURT FILE NO.: 06-DV-1212
DATE: November 29, 2007
SUPERIOR COURT OF JUSTICE – ONTARIO (DIVISIONAL COURT)
RE: CAMELLA BERNICKY and CRIMINAL INJURIES COMPENSATION BOARD
BEFORE: Cusinato J., Valin J, and Shaw J.
COUNSEL: Linda E. Tranter for the Appellant
David E. Fine for the Respondent
ENDORSEMENT
Date Released: November 29, 2007