Court File and Parties
CITATION: Norton v. Criminal Injuries Compensation Board, 2014 ONSC 2679
DIVISIONAL COURT FILE NO.: 348/13
DATE: 20140429
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, DAMBROT AND MACKINNON JJ.
BETWEEN:
DOUGLAS NORTON Appellant
– and –
CRIMINAL INJURIES COMPENSATION BOARD Respondent
COUNSEL:
W. Gerald Punnett, for the Appellant
David E. Fine, for the Respondent
HEARD at Toronto: April 29, 2014
Oral Reasons for Judgment
THEN J. (ORALLY)
[1] The appellant submits that the Board erred in law in accepting hearsay evidence over the appellant’s direct evidence without a specific explanation.
[2] In our view, the reasons of the Board, when read as a whole, clearly demonstrate that the appellant’s version of events was not accepted because of major discrepancies. Even without recourse to s. 15(1) of the Statutory Powers Procedure Act, the hearsay evidence to the effect that the appellant was injured during a drug transaction may well be admissible as a declaration against penal interest by the offender who was convicted of assaulting the appellant.
[3] In any event, this evidence was cogent evidence accepted by the Board that the injuries to the appellant resulted from the appellant’s own involvement in criminal activity. Similarly, the appellant’s minimization of his long criminal record reflects adversely on the appellant’s credibility.
[4] In our view, given the nature and cogency of the hearsay evidence, it is obvious why the Board accepted the hearsay evidence and no specific explanation was required.
[5] We find no error in law. In the circumstances, the Board properly exercised its discretion under both s. 5 and 17 of the Act.
[6] The appeal is accordingly dismissed.
[7] I have endorsed the Appeal Book on behalf of the panel, “This appeal is dismissed for oral reasons on behalf of the court by Then J. No costs were sought and none are awarded.”
THEN J.
DAMBROT J.
MACKINNON J.
Date of Reasons for Judgment: April 29, 2014
Date of Release: May 5, 2014
CITATION: Norton v. Criminal Injuries Compensation Board, 2014 ONSC 2679
DIVISIONAL COURT FILE NO.: 348/13
DATE: 20140429
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
THEN, DAMBROT AND MACKINNON JJ.
BETWEEN:
DOUGLAS NORTON Appellant
– and –
CRIMINAL INJURIES COMPENSATION BOARD Respondent
ORAL REASONS FOR JUDGMENT
THEN J.
Date of Reasons for Judgment: April 29, 2014
Date of Release: May 5, 2014