No amount of money can ever make up for the harm suffered by victims of crime, but the CICB believes that compensation can play a vital role in their recovery; it may assist them in meeting their physical, emotional and financial needs. The goal of the CICB is to ease the financial burden experienced by victims of violent crime in a sensitive and respectful way.

It depends on whether there was an injury or a death.

Anyone who is injured as a result of a violent crime in Ontario is able to apply, including a person who is hurt or affected while making an arrest or assisting a peace office with law enforcement duties, or even while trying to prevent a crime. Violent crimes include firearm offences, poisoning, arson, assault, sexual assault, domestic assault, child physical assault, child sexual abuse etc.

The injuries may either be physical or psychological. According to the CICB, the injuries must be more than merely transient or trifling in nature in order to be awarded compensation.If a victim is under the age of 18, or unable to manage his or her personal affairs or under a legal disability, a legal guardian must make the application on his or her behalf.If a person died as a result of violent crime in Ontario, or in an activity described above, any family members that were dependent on the deceased person or who paid expenses as a result of the death (including expenses to care for one or more children of the deceased person or expenses for bereavement counselling) can apply for compensation.A person can also apply for compensation if he or she witnessed or came upon the scene of the crime that resulted in the death and meets the criteria for a finding of “mental or nervous shock.”

It is important to note that an application for compensation must be made within two years of the date of the incident. The Board can extend the two-year limitation when it is warranted, but a request will have to be made and an explanation will have to be provided in the application form.

The Board does not say it is necessary to hire a lawyer, but there are benefits to hiring a lawyer. Once you hire a legal representative, the CICB will communicate only with your legal representative. Your legal representative will have a better idea of what supporting documentation to provide the Board with and how to help you complete the application form.

The CICB will schedule either an electronic, oral or documentary hearing and will contact you or your lawyer with the time, location and type of hearing.

In cases where there has been a criminal conviction, the person who committed the crime is referred to as an “offender”. In all other circumstances, he or she is referred to as the “alleged offender”. The Board will advise you if the (alleged) offender is entitled to be notified of a Board hearing and may choose to participate.  You must notify the Board if you have concerns about them notifying an (alleged) offender or the disclosure of personal information to that person.

1. whether a violent crime under the Criminal Code or an arrest has occurred, or whether the injured/deceased person was assisting a peace officer with his/her law enforcement duties, or trying to prevent a crime from occurring. The Board considers the provisions of the Criminal Code in effect at the time of the incident,
2. whether there is enough reliable information available to support your claim,
3. all of the relevant circumstances, including any behaviour of the injured/deceased person that caused or contributed to the injuries or death,
4. whether you have refused reasonable cooperation with or failed to report the offence promptly to the police,
5. whether you have received any benefits paid by private insurance, the Workplace Safety and Insurance Board or any other source, as a result of the crime (not including Ontario Works or Ontario Disability Support Program).

Following the hearing, you will receive written notice from the Board informing you of the adjudicator’s decision. If you are awarded compensation, we will attach a cheque to the decision. If your claim for compensation is denied, the reason(s) for the denial will be described in the decision. You will also be provided with options if you wish to ask for a review or appeal of the Board’s decision.

What is the Maximum Amount Payable:

When one person is injured or killed as a result of a violent crime, the maximum award that the CIBC pays as a lump sum is $25,000.

When more than one person has been injured or killed as the result of a violent crime, we can award a maximum of $150,000 as a lump sum to all of the claimants.

Ongoing monthly periodic awards can be made in certain cases when there is an ongoing financial loss (e.g. lost income, child care expenses). When a periodic award is made, the amount of the lump sum component cannot exceed $12,500. The maximum amount that we may award as a periodic payment is $1,000 per month. Periodic payments cannot exceed a total of $365,000. Periodic awards are reviewed on an annual basis to determine whether there is still a need for the funds.

The Board may award compensation for any of the following:

1. treatment expenses
2. travel to treatment expenses
3. loss of income
4. pain and suffering
5. funeral and burial expenses
6. bereavement counselling expenses
7. loss of financial support for the dependants of a deceased victim
8. costs associated with supporting a child born as a result of a sexual assault

We require original receipts and/or supporting documents before we make such an award. For more information, click on What’s Covered?

The Board does not award compensation for:

1. crimes committed outside the Province of Ontario,
2. damaged, lost or stolen property,
3. motor vehicle incidents (except where the vehicle was used deliberately to assault or harm another person),
4. legal fees for criminal court and/or civil suits,
5. distress and/or loss of wages for attending criminal court,
6. workplace accidents (claim should be filed with the WSIB),
7. accidental deaths,
8. deaths resulting from suicide,
9. pain and suffering for grief and sorrow (however, we may award compensation for bereavement counselling expenses),
10. monetary loss due to fraud,
11. neglect or abandonment of children (except where it amounts to criminal negligence),
12. accidental injuries (slip and falls),
13. negligence by an institution/organization,
14. malicious prosecution of accused persons.

If you are in the process of submitting a claim to the CICB, contact Aaron Waxman & Associates today.