Court File and Parties
SUPERIOR COURT OF JUSTICE - ONTARIO
(DIVISIONAL COURT)
RE: JOHN KWONG v. Criminal Injuries Compensation Board
BEFORE: Justices Carnwath, Bellamy and Pierce
COUNSEL: John Kwong, in person, for the Applicant David E. Fine, for Respondent
HEARD AT TORONTO: March 9, 2009
E N D O R S E M E N T
Carnwath, J.
1Mr. Kwong was the victim of a serious and horrific knife attack while he was working as a taxi driver. The perpetrator was sentenced to four years in the penitentiary.
2Mr. Kwong applied for compensation from the Criminal Injuries Compensation Board. The Board found him to be a victim, as that is defined in the Compensation for Victims of Crime Act, R.S.O. 1990, c.C-24, s.23, and awarded him compensation of $20,000 for pain and suffering. He had sought compensation for an amount between $90,000 and $150,000, but unfortunately for him, s.19(1)(a) of the Act restricts the Board to a maximum lump sum award of $25,000.
3Further to that Act, an order of the Board can be appealed only on a question of law. The standard of review is correctness. Having carefully reviewed the Board’s decision, we find nothing to suggest the Board committed any error in law nor do we find anything to suggest the Board failed to exercise its discretion appropriately. As there is no error in law, the appeal is dismissed.
4Costs were not requested, so there will be no order as to costs.
Carnwath J.
Bellamy J.
Pierce J.
DATE: 20090310