Court File and Parties
COURT FILE NO.: 31/08
DATE: 2008-11-18
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, HENNESSY AND KARAKATSANIS JJ.
B E T W E E N:
LORENZO LIENDO Appellant
- and -
CRIMINAL INJURIES COMPENSATION BOARD Respondent
Counsel: In Person David E. Fine, for the Respondent
HEARD in Toronto: November 18, 2008
Oral Reasons for Judgment
SWINTON J.: (Orally)
[1] The Appellant appeals from a decision of the Criminal Injuries Compensation Board dated December 13, 2007. The Board awarded him compensation of $5,000.00 for pain and suffering because of the application of s.17(2) of the Compensation for Victims of Crime Act, R.S.O. 1990, c.C.24, which confers a discretion on the Board to order a reduced amount of compensation where it is satisfied that the applicant has refused reasonable co-operation with, or failed to report promptly the offence to, a law enforcement agency. Absent that subsection, the Board would have assessed the appellant’s compensation at $8,000.00.
[2] An appeal from a decision of the Board lies to the Divisional Court only on a question of law (see s.23 of the Act). The standard of review is correctness (see Masakeyash v. Ontario (Criminal Injuries Compensation Board) (2006), 2006 11440 (ON SCDC), 267 D.L.R. (4th) 258 (Div. Ct.) at para. 7).
[3] The appellant argues that the Board erred in law by failing to consider evidence that he had been kicked in the head and may have suffered a possible concussion that inhibited him from reporting the assault to the police. He also relies on the report of Dr. Toran stating that he may have suffered a concussion.
[4] We see no error of law by the Board. It has a broad discretion under s.17(2) of the Act to reduce an award.
[5] The appellant admitted that he did not make a report or statement to police about the assault. On the record before the Board, there was ample evidence in the ambulance and emergency room records on which the Board could rely to conclude that the appellant was not suffering from a concussion following the assault that would have affected his ability to assist the police. The Board was also entitled to rely on hearsay evidence in reaching its decision.
[6] Therefore, the appeal is dismissed.
COSTS
[7] I have endorsed the Appeal Record: “This appeal is dismissed for oral reasons delivered by Swinton J. The Board does not seek costs and none are awarded”.
SWINTON J.
HENNESSY J.
KARAKATSANIS J.
Date of Reasons for Judgment: November 18, 2008
Date of Release: November 21, 2008
COURT FILE NO.: 31/08
DATE: 20081118
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
SWINTON, HENNESSY AND KARAKATSANIS JJ.
B E T W E E N:
LORENZO LIENDO Appellant
- and -
CRIMINAL INJURIES COMPENSATION BOARD Respondent
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: November 18, 2008
Date of Release: November 21, 2008