Court File and Parties

COURT FILE NO.: 79/08

DATE: 2009-03-11

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

ENDORSEMENT

Carnwath, J.

[1] Mr. 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.

[2] Mr. 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.

[3] Further 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.

[4] Costs were not requested, so there will be no order as to costs.

Carnwath J.

Bellamy J.

Pierce J.

DATE: 2009-03-10