The lawyers at Aaron Waxman & Associates are experienced with Disability, Personal Injury and Employment claims.
The CICB was establish in 1971 to help the victims of violent crime committed in Ontario. It provides financial compensation to victims of crime and to the families of deceased victims.
The CICB aims to treat victims with courtesy, compassion and respect for their personal dignity and privacy.
The Criminal Injuries Compensation Board is an administrative tribunal that is governed and operates under the The Criminal Injuries Compensation Board is an administrative tribunal that is governed by the Compensation for Victims of Crime Act. The Board assesses financial compensation to those who qualify under the Act, namely victims or the family members of deceased victims of violent crimes committed in the Province of Ontario.
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.
Who can apply to the Criminal Injuries Compensation Board?
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.”
To apply for compensation, you should complete an application form and provide as much detail as possible. The form can be downloaded off the website, or the CICB will mail it to you. It is important to send as many supporting documents as necessary.
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.
How is a decision made? According to the CICB website:
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 about suing in a Civil Action?
The CICB process does not interfere with your right to sue the (alleged) offender(s) in a civil action. However, if you are successful in a civil action, you must reimburse the Board for any compensation you receive from us.
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. Themaximum 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:
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:
If you are in the process of submitting a claim to the CICB, contact Aaron Waxman & Associates today.
* This blog is for informational purposes only and is not meant to substitute legal advice. Please read our disclaimer for further information.
* All of our lawyers are licensed by The Law Society of Upper Canada
* Office in Toronto and able to represent people in the province of Ontario