Information Sheet: Representing a Party at an Oral Hearing
(for lawyers and paralegals)


 

Overview

The CICB may order an oral, electronic or written hearing. If we order an oral hearing, we will assign the application to one or two adjudicators, called members. The member(s) will review the written material you provide and hear evidence before making a decision.

Notice of Legal Representation

To be considered the legal representative of record, you must provide us with written confirmation from your client. If you are helping a client during the application process, have them complete the "Legal Representation" section of the application form. If your client hires you after they have submitted an application, send us a completed Notice of Legal Representation. The notice is on the Forms and Filing section of our website at sjto.ca/cicb.

Preparing for an oral hearing

When the file is ready to be heard, you will receive a notice of hearing with the date, time and location of the hearing. Both you and your client are required to attend the hearing. If this is not possible, submit a written request for an adjournment as soon as possible. Send us your request at least 30 days before the scheduled hearing date.

Oral hearings are generally open to the public, but may be closed if:

  1. There are public safety concerns
  2. There are ongoing criminal proceedings
  3. The claim involves a sexual offence, spousal abuse or child abuse

If your client has concerns about participating in an open hearing, tell us during the application process.

Length of hearing

Oral hearings are usually scheduled for 90 minutes. We may, however, allow more time if, for example:

Please arrive 15 minutes before the hearing. If either you or your client is late, the adjudicators will not have a full hour to devote to the case, as they will need to proceed with the next scheduled hearing.

Written submissions

If you expect you will need more time to present evidence and arguments, provide written submissions to the CICB before the hearing. You must provide all of the relevant material no later than 30 days before the hearing (see: Rule 12.4 of the Rules of Procedure).

We may direct you to provide a copy or notice of the submission to the other parties before we deal with the matter.

Failure to attend

If your client does not attend an oral hearing, we may proceed without them (See Section 7 of the Statutory Powers Procedure Act.) The adjudicators will make their decision based on the documentary evidence in the file and oral evidence of any witnesses.

Hearing location

We conduct oral hearings in 21 locations across Ontario. We try to hold the hearing in the location closest to where the applicant lives or in a neighbouring community. If you find it difficult to travel to the hearing site, notify us immediately.

The decision

After the hearing, the adjudicators will reach a decision based on all of the evidence presented. The adjudicators may communicate their decision on the day of the hearing but sometimes they will make their decision on another day.

More information

For more information, see the Application and Hearing Process section on the CICB website at sjto.ca/cicb.



Contact the Criminal Injuries Compensation Board

Toronto area: 416-326-2900
Toll free: 1-800-372-7463
Fax: 416-326-2883

Address:
Criminal Injuries Compensation Board
655 Bay Street, 14th floor
Toronto, ON M7A 2A3

Visit our website at sjto.ca/cicb


 

 

 

Last updated: March 2017