Court File and Parties
COURT FILE NO.: 481/08
DATE: 20090601
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JANET WILSON, LEDERMAN AND SWINTON JJ.
B E T W E E N:
TIMOTHY DUGAS Appellant
- and -
CRIMINAL INJURIES COMPENSATION BOARD Respondent
Jay A. Skukowski, for the Appellant
David E. Fine, for the Respondent
HEARD at Toronto: June 1, 2009
Oral Reasons for Judgment
SWINTON J.: (Orally)
[1] The motion for fresh evidence is dismissed. First, we are not satisfied that the evidence could not have been obtained with reasonable diligence at the time of the Board hearing. Second, the evidence is not likely to have affected the outcome, given that there is still a need to show that any loss of income was caused by the abuse, and the appellant failed to file an affidavit to show such linkage.
[2] The appeal on the merits is dismissed.
[3] An appeal lies to this Court only on a question of law (see s.23 of the Compensation for Victims of Crime Act, R.S.O. 1990, c.C.24). Subsection 19(4) of the Act was not raised in the appellant’s factum and should not be considered as a ground of appeal in fairness to the respondent.
[4] The Board, in its award of $15,000.00 for pain and suffering, made no error of law. It has a broad discretion in awarding compensation and pursuant to s.18, it has discretion to award either a lump sum or periodic payments.
[5] The Board considered a number of relevant factors and the evidence. The appellant has not demonstrated that the Board failed to exercise its discretion appropriately.
[6] While the appeal is dismissed, this is without prejudice to the appellant to make an application to the Board to vary its award of compensation pursuant to s.25 of the Act, which permits the Board to consider any new evidence that has become available or any other matter the Board considers relevant.
SWINTON J.
JANET WILSON J.
LEDERMAN J.
Date of Reasons for Judgment: June 1, 2009
Date of Release: June 5, 2009
COURT FILE NO.: 481/08
DATE: 20090601
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
JANET WILSON, LEDERMAN AND SWINTON JJ.
B E T W E E N:
TIMOTHY DUGAS Appellant
- and -
CRIMINAL INJURIES COMPENSATION BOARD Respondent
ORAL REASONS FOR JUDGMENT
SWINTON J.
Date of Reasons for Judgment: June 1, 2009
Date of Release: June 5, 2009