What is the Criminal Injuries Compensation Board? It is an independent agency of the Ministry of the Attorney General. Its purpose is to award compensation to victims of violent crimes committed in Ontario.
Do I have to be a resident of Ontario or a Canadian? No. If the crime or incident occurred in Ontario, you could qualify.
What compensation is available? The Board may award compensation for pain and suffering, medical treatment, therapy and dental expenses, funeral and burial expenses, income loss, loss of support and/or travel expenses for treatment or to attend a hearing
Will I have to attend a formal hearing? Hearings can be held orally, in writing or electronically.
Will the alleged offender be at the hearing? If the alleged offender has not been criminally convicted, then they are entitled to receive notice of the hearing. The board does not generally send notices out to convicted offenders.
Is it a public hearing? Hearings are generally open to the public just like our Courts. However, if a public hearing would be prejudicial to a pending criminal proceeding or if it was not in the best interests of the victim, the hearing can be private.
Where will the hearing be? The board generally sits in Toronto at 439 University Avenue; however they do sit in other cities throughout the province from time to time.
Can I appeal the decision? If the application was heard by a single member of the board you can request a hearing and review by the board within 15 days. A decision of a two member board panel can be appealed to the Divisional Court on a question of law.
Can an award be varied? The board may vary an award based on a change in the claimant’s circumstances.
Should I hire a lawyer to represent me? Professional advice is usually a good thing. It is the general practice of the Board to award a lawyer representing an applicant a modest legal fee on top of what is awarded to the applicant.
What about additional legal fees? Subject to certain exceptions, Raphael Barristers will take on your case and agree to be paid only if we are successful in achieving an award from the Criminal Injuries Compensation Board. That means you would only be required to pay the lawyers fees if an award is obtained at the hearing. If the case is not successful then you would not be charged any fees.
Raphael Barristers are a law firm of personal injury lawyers. We have handled many cases through the Criminal Injury Compensation Board. In some circumstances, we have also advanced a concurrent civil law suit against the perpetrator of the crime and/or the establishment where the incident took place and have been able to recover significant damages from the perpetrator, the establishment or their insurance company. It is important to have the entire circumstances of the incident reviewed with a competent personal injury lawyer to see if there are other avenues of recovery available to the victim of crime.
