Practice Direction on Reconsideration Requests

Practice Directions support the Criminal Injuries Compensation Board (CICB) Rules of Procedure and provide guidance about what the CICB expects of the parties and, in turn, what the parties can expect from the CICB. They assist in understanding the Rules.


General

Parties may ask the CICB to reconsider a final decision. The CICB may also reconsider a decision on its own initiative where it considers it appropriate. Reconsideration is a discretionary remedy. There is no right to have a decision reconsidered by the CICB.

Requests to reconsider interim funding decisions or, absent exceptional circumstances, any decision which is not a final determination of the substantive issues in the proceeding will not be accepted.

The rules for reconsideration are found in Rule 19 of the Rules of Procedure. A request for reconsideration will only be granted if the request meets one of the requirements in Rule 19.3.

How to Request a Reconsideration

If the decision was made by a panel of two or more members you may request reconsideration by completing the Request a Reconsideration form and sending it to the CICB within 30 days of receiving the CICB's order.

If the panel's order did not contain reasons, you must ask the panel to provide their reasons in writing within 14 days of receiving the order. Once you receive the reasons you have 30 days to request reconsideration.

If you request reconsideration outside the 30 day time period you must provide reasons why your request is late.

Your request will be shared with the other parties, if any, to the Application. The other parties do not need to respond to the request unless the CICB directs them to do so.

Your request for reconsideration must:

Who Decides the Request?

Requests are reviewed by the Associate Chair or a Vice-Chair. The Associate Chair or Vice-Chair will decide if the request appears to meet the test for reconsideration contained in the Rules. If it does not meet the test it will be dismissed. If it does meet the test it will be assigned for hearing. The Associate Chair or Vice-chair will also decide whether the hearing will be in writing or in person and the scope of the hearing. Most reconsideration hearings will be in writing.

For example, if reconsideration is granted because there is new evidence which was not available at the time of the first hearing the reconsideration will focus on that evidence. On the other hand, if reconsideration is granted because a party was not able to participate the application will likely proceed as a new hearing.

In most cases, the request is assigned to the panel which made the original decision because the original panel is in the best position to know whether new evidence will change the result.

Second Request for Reconsideration

The CICB will not grant a second request for reconsideration from the same party unless there are exceptional circumstances.




Effective as of June 19, 2018
sjto.ca/cicb