September 20, 2010
Board in Brief
Adjudicate claims for compensation for injury
resulting from violent crime.
The Board was established by the Compensation
for Victims of Crime Act (CVCA) in 1971. Few
substantial amendments since then.
Quasi-judicial proceeding. The applicant must
prove, on the balance of probabilities, that a
crime of violence occurred causing injury or
Board in Brief
Receive about 4000 applications per year.
Compensation awarded in more than 80% of
cases. Average $35 million per year over last three
Assault (43%), Domestic assault (14%), sexual
assault (30%) are largest categories.
Hold hearings in 19 locations across the province.
Centrally administered from one office (Toronto).
65 staff and 30 Board members.
Who is eligible to apply?
Victim (or legal guardian).
Someone supporting the victim or, where there is
a death, persons who have incurred expenses.
Police/peace officer injured while arresting a
suspect for crime of violence or property crime.
In limited circumstances, individuals who were
not victims themselves but who suffered mental
or nervous shock as a result of witnessing or
coming upon the scene of a violent crime (usually
What is not covered by the Act?
Non-violent activity (e.g. emotional or
Neglect or abandonment.
Emotional response or grief and sorrow
associated with learning about a crime
committed against someone else.
Expenses/losses related to court or other legal
Injuries sustained in accident/motor vehicle
Types of compensation available?
Present or future expenses as a result of
injury/death (e.g. therapy, dental, funeral
Support for dependents of homicide victims
Pain and suffering
Support of a child born of sexual assault
Other expenses the Board deems relevant and
Types of Awards
Lump sum – one-time amount to a maximum
Periodic – the amount is up to $1,000 per month
to a total award of $365,000
Interim (before a hearing) – to provide interim
support for medical, funeral costs and support
where a demonstrated urgency.
Variation (after a hearing) – Board may vary an
order based on changed circumstances.
The Evidence and Analysis
1) Has a violent crime occurred?
Proof of conviction
CAS investigation reports
2) Is there an injury associated with that
Evidence and Analysis (cont’d)
3) What expenses, income loss, pain and suffering etc
flow from that injury?
Employer’s reports, income tax assessments
medical evidence of period of disability, etc.
4) Section 17 circumstances.
All relevant circumstances including behaviour of victim
Whether cooperated with police and reported matter
Other benefits, compensation available
Notice sent to all parties at least 10 days in advance of
Parties = Applicant, (Alleged) Offender, Attorney General
Usually 60 – 90 minutes
Usually 2 adjudicators
Canvass any issues not sufficiently clear or addressed
in the documentary evidence
Open to the public (except where dealing with highly
sensitive issues including sexual assault, domestic
assaults, child abuse)
Parties to provide all evidence/submissions in writing
Usually 1 adjudicator
Summarizes occurrence, injuries, financial
claim, issues, considerations.
Usually issued within three to four months
Cheque usually attached.
If victim is under 18, then cheque usually
held with Accountant of the Superior Court
Tips and Tricks
A thorough and concise application will
ease the process later.
Remember to include: signature, DOB,
incident date(s) and individuals involved,
Compile documents/details early.
Forward documents as soon as possible.
Consider preparing therapy reports in
advance of Board requesting it.
New Initiatives and Ideas
Application Forms on-line at www.cicb.gov.on.ca
Triage: tailoring approach to claims based on
needs of applicant/application.
12 Month Process: Cases are capable of being
completed within 12 months.
Split Hearing Weeks: multiple locations in one
One person oral hearings.
Audio/video aids about the process.
Contacting the Board
Criminal Injuries Compensation Board
439 University Avenue, 4th Floor