Toronto Injury Lawyer Blog
Many people want to know what the Criminal Injuries Compensation Board is all about and how to apply.
Here at Goldfinger Injury Lawyers, we handle a great number of Criminal Injury Compensation Board cases each year.
Many innocent victims of crime don’t even know the Criminal Injuries Compensation Board even exists. It’s not a well known government tribunal.
This installment of the Toronto Injury Lawyer Blog will focus on the Criminal Injuries Compensation Board; what it is; how to apply; and what to expect when going through a Hearing.
If you didn’t get all of the answers you need from this installment of the Toronto Injury Lawyer Blog, you can certainly contact a lawyer from Goldfinger Injury Law to get the answers you need toll free at 1-877-730-1777 or by email at info@goldfingerlaw.com. Our lawyers handle Criminal Injuries Compensation Board cases across Ontario.
WHAT IS THE CRIMINAL INJURIES COMPENSATION BOARD?
The Criminal Injuries Compensation Board or CICB for short; assesses and awards financial compensation for victims and family members of deceased victims of violent crimes committed in Ontario. You do NOT have to be a resident of Ontario to apply. If the crime happened in Ontario, then you are eligible for an award. That means that you don’t need to be a Canadian citizen to get compensation if you were visiting Ontario, and the crime took place in Ontario. What a great province we have! Ontario Tourism +1
The CICB can compensate victims for pain and suffering, loss of income, treatment expenses, funeral expenses and other costs that result from being a victim of the crime.
The CICB is committed to the principles of the Victims’ Bill of Rights, 1995, which states that all victims should be treated with courtesy, compassion and respect for their personal dignity and privacy.
HOW MUCH MONEY CAN I RECEIVE?
The CICB can award up to $25,000 by way of lump sum to one innocent victim of crime.
When more than one person has been injured or killed as the result of a violent crime, the maximum lump sum award is $150,000 shared among all of the claimants.
Periodic awards can be made in cases when there is an ongoing financial loss (e.g. lost income, child care expenses). Periodic awards are paid on a monthly basis and cannot exceed $1,000 per month. Payments cannot exceed a total of $365,000.
Here is the statutory authority for the amount which the CICB can award:
Maximum awards
19 (1) The amount awarded by the Board to be paid in respect of the injury or death of one victim shall not exceed,
(a) in the case of lump sum payments, $25,000; and
(b) in the case of periodic payments, $1,000 per month,
and where both lump sum and periodic payments are awarded, the lump sum shall not exceed half of the maximum therefor prescribed in clause (a). R.S.O. 1990, c. C.24, s. 19 (1).
Maximum total of payments for occurrence
(2) The total amount awarded by the Board to be paid to all applicants in respect of any one occurrence shall not exceed,
(a) in the case of lump sum payments, a total of $150,000; and
(b) in the case of periodic payments, a total of $365,000. R.S.O. 1990, c. C.24, s. 19 (2); 2000, c. 26, Sched. A, s. 4 (5).
HOW DO I APPLY?
You can apply online by visiting the Criminal Injuries Compensation Board Website of visit our website at goldfingerlaw.com for more information.
We recommend using a lawyer for the application and hearing process in order to optimize your result in these cases.
HOW DO HEARINGS TAKE PLACE?
A Criminal Injuries Compensation Board hearing can take place in one of three ways:
- In Writing
- In Person before a Panel Member
- By way of Teleconference
In each setting a Panel Member of the Criminal Injuries Compensation Board (like a Judge) hears your case and decides whether or not to award you compensation.
WHAT DOES THE BOARD LOOK FOR WHEN AWARDING COMPENSATION?
The CICB is governed by the Compensation for Victims of Crime Act, R.S. O. 1990, c. C. 24
Section 16(1) of the Act states:
Compensation not dependent on a conviction
16 (1) An order for compensation may be made whether or not any person is prosecuted for or convicted of the offence giving rise to the injury or death….
Section 17 of the Act is probably the most important section when it comes to assessing claims:
Considerations of Board
17 (1) In determining whether to make an order for compensation and the amount thereof, the Board shall have regard to all relevant circumstances, including any behaviour of the victim that may have directly or indirectly contributed to his or her injury or death. R.S.O. 1990, c. C.24, s. 17 (1).
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(2) The Board may, in its discretion, refuse to make an order for compensation or order a reduced amount of compensation where it is satisfied that the applicant has refused reasonable co-operation with, or failed to report promptly the offence to, a law enforcement agency. R.S.O. 1990, c. C.24, s. 17 (2).
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(3) In assessing compensation, the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance. R.S.O. 1990, c. C.24, s. 17 (3); 2000, c. 26, Sched. A, s. 4 (4).
WHAT TYPES OF AWARDS CAN THE CICB MAKE?
The Criminal Injuries Compensation Board can award compensation based on the following headings:
Treatment Expenses: May be awarded for ambulance fees, hospital charges, prosthetics, eyeglasses, prescriptions, dental expenses, and counselling expenses etc.
Travel to Treatment Expenses: May be awarded if you need to travel more than 40 km each way from your residence for treatment.
Loss of Income: May be awarded to you (or a person responsible for your care) if you were unable to work because of injuries arising from the incident. We may award up to a maximum of $1,000 per month for lost income. Benefits received from other sources (e.g. Employment Insurance, CPP, disability benefits, long-term or short-term employer benefits) may be deducted from this amount.
Pain and Suffering: May be awarded based on several factors, including:
- the nature of the crime/abuse
- any breach of trust or abuse of power
- the age and vulnerability of the victim
- the degree of violence involved
- the seriousness of the injuries or the extent of the harm
- the recovery period
- the possibility of a continuing disability
- the impact the crime/abuse on the victim’s life
Other: Costs associated with the support of a child born as a result of a sexual assault.
Funeral and burial expenses: We may compensate you for the cost of a funeral director, clergy, casket, cemetery plot, grave marker, cremation, newspaper notices and death certificates.
Loss of financial support: We may compensate you if you are a dependent who relied on the deceased person for financial support prior to his/her death. We need proof that the deceased person provided financial support to make this kind of award.
Bereavement counselling: We may compensate family members of a deceased person for the cost of bereavement counselling.
The CICB may award expenses for any other reasonable loss or expense which they deem to be just.
