COURT FILE NO.: 74/08
DATE: 20090112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. CUNNINGHAM, JANET WILSON AND BELLAMY JJ.
B E T W E E N:
IDOLIN FRANCIS
Appellant
(Applicant)
- and -
CRIMINAL INJURIES COMPENSATION BOARD
Respondent
(Respondent)
Osborne G. Barnwell, for the Appellant
David E. Fine, for the Respondent
HEARD at Toronto: January 12, 2009
a.c.j.s.c. cunningham: (Orally)
[1] We have great sympathy for the appellant who was present at a house party at the time of her brother’s tragic death. Her brother apparently died in her arms.
[2] Appeals however from decisions of the Criminal Injuries Compensation Board are only available on questions of law. Questions of law include questions related to statutory interpretation and determinations of the correct legal test. Inquiries into compliance with principles of natural justice, including whether relevant factors were taken in account by the decision maker as well as whether adequate reasons were provided are also encompassed. Here, the appellant argues that the Board applied an incorrect standard of proof when determining her claim, thereby committing an error of law. Alternatively she submits the Board either failed to consider the value of evidence adduced or ignored critical and relevant evidence.
[3] The standard of review is correctness. See Anderson v. CICB [2006] 147 ACWS (3d) 212. In our view, nothing in Dunsmuir v. New Brunswick [2008] S.C.C. 9, alters that position.
[4] The Board concluded that the test for nervous shock had not been met after fully articulating the correct test. Essentially while acknowledging that a claim for nervous shock could be compensable, the Board concluded there was minimal medical evidence insufficient to support the appellant’s claim.
[5] In our view, the Board applied the correct standard of proof and found the evidence to be insufficient. No recognizable psychiatric or psychosomatic condition attributable to the event was proven. We agree and appeal is dismissed.
[6] No order as to costs.
A.C.J.S.C. CUNNINGHAM
JANET WILSON J.
BELLAMY J.
Date of Reasons for Judgment: January 12, 2009
Date of Release: January 15, 2009
COURT FILE NO.: 74/08
DATE: 20090112
ONTARIO
SUPERIOR COURT OF JUSTICE
DIVISIONAL COURT
A.C.J.S.C. CUNNINGHAM, JANET WILSON AND BELLAMY JJ.
B E T W E E N:
IDOLIN FRANCIS
Appellant
(Applicant)
- and -
CRIMINAL INJURIES COMPENSATION BOARD
Respondent
(Respondent)
ORAL REASONS FOR JUDGMENT
A.C.J.S.C. CUNNINGHAM
Date of Reasons for Judgment: January 12, 2009
Date of Release: January 15, 2009