Shalom Wise

Following a successful appeal from a decision of the Criminal Injuries Compensation Board, the appellant sought partial indemnity costs of $12,367.42.

The Board argued that no costs should be awarded against it due to its role as an administrative tribunal.

The Divisional Court held that because the Board took an active, adversarial role on the appeal, an award of costs was appropriate.

Finding the claimed amount excessive, the Court fixed costs at $5,000 all inclusive.

The applicant, a former TTC bus driver, sought judicial review of a decision by the Criminal Injuries Compensation Board denying his claim for lost income following his retirement.

The Board had awarded him partial wage loss for a period prior to his retirement, finding that a workplace assault exacerbated his psychological issues, but denied wage loss post-retirement based on a WSIB report concluding his issues were unrelated to the assault.

The Divisional Court quashed the Board's decision, finding it unreasonable because the Board reached contradictory conclusions on causation without adequate explanation and improperly relied on selective quotes from a WSIB decision rather than the actual medical evidence before it.