These Rules apply to all proceedings before the Criminal Injuries Compensation Board (CICB) under the Compensation for Victims of Crime Act (CVCA).
There are two parts to these Rules. Part I is the Social Justice Tribunals Ontario (SJTO) Common Rules, which also apply in other tribunals within the SJTO. These came into effect on October 1, 2013.
Part II is the CICB Specific Rules which apply only within the CICB. These Rules came into effect on August 1, 2017. The Common Rules (Part I) and CICB Specific Rules (Part II) are to be read together.
I) SOCIAL JUSTICE TRIBUNALS ONTARIO COMMON RULES
II) CRIMINAL INJURIES COMPENSATION BOARD SPECIFIC RULES
Social Justice Tribunals Ontario (SJTO) is a cluster of eight adjudicative tribunals with a mandate to resolve applications and appeals under statutes relating to child and family services oversight, youth justice, human rights, residential tenancies, disability support and other social assistance, special education and victim compensation.
The SJTO is committed to providing quality dispute resolution across the cluster including ensuring that its procedures are transparent and understandable. Identifying common procedures and values across the SJTO and, where appropriate, harmonizing those procedures improves access to justice and fosters consistency in the application of fundamental principles of fairness.
These Common Rules are grounded in the core adjudicative values and principles of the SJTO which govern the work of the cluster. The Common Rules provide a consistent overarching framework of common procedures that will continue to evolve.
The Common Rules apply to the proceedings of the SJTO. The Common Rules form part of the rules of each SJTO tribunal.
"rules and procedures" includes rules, practice directions, policies, guidelines and procedural directions;
"tribunal" means any SJTO tribunal or board.
The rules and procedures of the tribunal shall be liberally and purposively interpreted and applied to:
Rules and procedures are not to be interpreted in a technical manner.
Rules and procedures will be interpreted and applied in a manner consistent with the Human Rights Code.
The tribunal may exercise any of its powers at the request of a party, or on its own initiative, except where otherwise provided.
The tribunal may vary or waive the application of any rule or procedure, on its own initiative or on the request of a party, except where to do so is prohibited by legislation or a specific rule.
|A5||ACCOMMODATION OF HUMAN RIGHTS CODE-RELATED NEEDS|
A party, representative, witness or support person is entitled to accommodation of Human Rights Code-related needs by the tribunal and should notify the tribunal as soon as possible if accommodation is required.
Individuals may provide written materials to the tribunal in either English or French.
Individuals may participate in tribunal proceedings in English, French, American Sign Language (ASL) or Quebec Sign Language (QSL).
A person appearing before the tribunal may use an interpreter. Interpretation services will be provided, upon request, in accordance with tribunal policy.
|A7||COURTESY AND RESPECT|
All persons participating in proceedings before or communicating with the tribunal must act in good faith and in a manner that is courteous and respectful of the tribunal and other participants in the proceeding.
|A8||ABUSE OF PROCESS|
The tribunal may make such orders or give such directions in proceedings before it as it considers proper to prevent abuse of its processes.
Where the tribunal finds that a person has persistently instituted vexatious proceedings or conducted a proceeding in a vexatious manner, the tribunal may find that person to be a vexatious litigant and dismiss the proceeding as an abuse of process for that reason. It may also require a person found to be a vexatious litigant to obtain permission from the tribunal to commence further proceedings or take further steps in a proceeding.
Parties may be self-represented, represented by a person licensed by the Law Society of Upper Canada or by an unlicensed person where permitted by the Law Society Act and its regulations and by-laws.
Individuals representing a party before a tribunal have duties to both the tribunal and the party they are representing. Representatives must provide contact information to the tribunal and be available to be contacted promptly. Representatives are responsible for conveying tribunal communications and directions to their client. Representatives should be familiar with tribunal rules and procedures, communicate the tribunal's expectations to their client, and provide timely responses to the other parties and the tribunal.
Where a representative begins or ceases to act for a client, the representative must immediately advise the tribunal and the other parties in writing, and provide up-to-date contact information for the party and any new representative. Where a representative ceases to act for a client the tribunal may issue directions to ensure fairness to all parties and to prevent undue delay of proceedings.
The tribunal may disqualify a representative from appearing before it where the representative's continued appearance would lead to an abuse of process.
This Rule applies where a person seeks to be a litigation guardian for a party. It does not apply where no litigation guardian is required as a result of the nature of the proceeding.
Persons are presumed to have the mental capacity to manage and conduct their case and to appoint and instruct a representative.
|Litigation Guardian Declarations||A10.3||
A litigation guardian for a minor under the age of 18 is required to file a signed declaration in the form designated by the tribunal, confirming:
A litigation guardian for a person who lacks mental capacity to participate in the tribunal proceeding must file a signed declaration in the form designated by the tribunal, confirming:
|Naming and Removing a Litigation Guardian|
Upon the filing of a complete declaration as required by this Rule and unless refused or removed by the Tribunal, the person may act as litigation guardian for the party.
The Tribunal will review the declaration and may direct submissions by the parties on whether the litigation guardian should be refused pursuant to Rule A10.7.
Upon review of the declaration, or at any later time in the proceeding, the Tribunal may refuse or remove a litigation guardian on its own initiative or at the request of any person because:
|Responsibilities of Litigation Guardians||A10.8||
A litigation guardian shall diligently attend to the interests of the person represented and shall take all steps necessary for the protection of those interests including:
No one may be compensated for serving as a litigation guardian unless provided for by law or a pre-existing agreement.
When a minor who was represented by a litigation guardian turns 18, the role of the litigation guardian will automatically end.
A failure to comply with a requirement in these Rules does not invalidate a proceeding. Where there has been a failure to comply with a requirement in these Rules or a direction of the Board, the Board may direct an appropriate action for the circumstances.
No proceeding is invalidated due to a non-material defect or other irregularity in form. It is sufficient if there is substantial compliance with a form, notice or document required by the SPPA or by these Rules.
The Board has the power to make decisions with respect to the effective processing and hearing of claims, including the power to:
The Board or a Panel may, at any time before the final decision, issue directions or Interim Orders regarding the procedure to be adopted in the proceeding. The Board may include conditions in the direction or Interim Order as may seem appropriate.
The Associate Chair of the Board may issue Guidelines, Policies and Practice Directives, including with respect to how applications generally or a class of applications will be addressed.
Where something is not provided for in these Rules, the practice may be decided by referring to a similar provision in these Rules.
Where an Order of the Board or a Rule refers to a number of days, the reference is to calendar days. Where an action is to be done within a specified number of days, the days are counted by excluding the first day and including the last day. When the time for doing an act expires on a holiday, the act may be done on the next day that is not a holiday.
The Board may lengthen or shorten the time for the performance of any obligation under these Rules.
An application must be made using the application forms provided by the Board. The applicant shall file an application that has been signed by the applicant or on behalf of the applicant in accordance with the Rules.
The applicant shall answer every question in the application form in sufficient detail and provide sufficient information about the claims made and the facts asserted to allow the file to be prepared for hearing.
"youth" means a person under the age of 18.
Applications by youth may be made by:
Where a youth does not have a legal representative or a litigation guardian, the application must include the following additional information:
After reviewing the application, the Board will decide whether to:
Applications will be reviewed to ensure that the application is complete, and the matter is within the jurisdiction of the Board.
The Board may refuse to accept and process an application for compensation on the grounds that:
Processing of an application may be resumed if the information and/or documents are brought into substantial compliance with the requirements as provided by the notice regarding not processing.
The Board shall notify the applicant or party if it is not able to process the documents and of:
If a party does not respond to a defect as stated in the Board's notice, the Board may issue an Order dismissing the proceeding. If the applicant or party responds to every defect identified in the notice within the time permitted, the Board may:
Where an application is submitted more than two years after the date of the injury, the application is deemed not to have been accepted until the Board extends the time for filing. The decision to accept or refuse an application submitted late is based on the information contained in the application form, the reasons for the delay provided by the applicant in the application form, and any other material relevant to that decision.
Where an application submitted beyond limitation period is not accepted, an applicant who disagrees with the decision may provide submissions requesting review of the refusal, in which case a Board member or Associate Chair shall review the submissions and decide whether to accept the application or refuse it.
Where an applicant does not complete the information required to fulfil an application, or respond to any formal request or notice within the time provided, the Board may:
Where an application is filed on behalf of a youth or is filed by a youth and is not pursued, a litigation guardian may be appointed under these Rules to file another application on behalf of the youth or the youth may file his/her own application in accordance with the Rules.
Where an application is filed on behalf of a person who is mentally incapable and is not pursued, a litigation guardian may be appointed under these Rules to file another application on behalf of that person.
The Board may dismiss an application without a hearing for the following reasons:
Before dismissing an application without a hearing the Board shall give notice of its intention to dismiss the application for some or all the reasons identified in the Rules. Where the Board has made reasonable efforts to locate a claimant and has failed, the Board may dismiss the application without notice.
The notice of intention to dismiss the application shall set out the reasons for the dismissal and inform the parties of their right to make written submissions to the Board with respect to the dismissal within 30 days from receipt of the notice. Failure of a party to file written submissions within the time permitted by the notice shall be deemed to constitute acceptance of the dismissal proceeding without a hearing.
The notice shall be sent to the most current address filed with the Board and shall be deemed to have been received by the party on the fifth day after the day it is mailed.
The Board may, after considering the submissions filed:
When the Board dismisses an application under this rule an Order of the dismissal shall be provided by regular letter mail to the most current address filed with the Board and shall be deemed to have been received on the fifth day after the day it is mailed.
An applicant may withdraw an application or part of an application by sending written notice to the Board. Where the Board consents to the withdrawal of the application, written notice of the withdrawal will be sent.
A document may be delivered to the Board as follows:
A document sent by fax to the Board is delivered on the day it is sent, if sent on or before 4.00 pm, or, if sent after 4.00 pm, on the next business day;
A document may be delivered to a party or participant as follows:
A document sent by mail to a party or participant is deemed delivered five days after the post mark date, if that day is a business day, or the next business day five days after the post mark date, if the fifth day falls on the weekend or holiday.
A document sent by email or fax to an applicant, respondent, or other party is delivered on the day it is sent if sent on or before 4.00 pm, or, if sent after 4.00 pm, on the next business day.
Unless otherwise ordered, individuals who are to receive a notice of hearing shall include those persons identified section 9 of the CVCA, including the Alleged Offender and the Attorney General and any additional persons as determined by the Board.
A notice of hearing required to be served under section 9 of the CVCA shall be served by first class prepaid regular mail. The Board may, where it is deemed necessary, serve a notice of hearing by registered mail, by courier or facsimile transmission with proof of transmission to the person or to the office of the representative of that person.
A notice of hearing shall indicate:
Where a notice of hearing has been given in accordance with these Rules, the SPPA, and the CVCA, and a party does not attend at the hearing, the Board may proceed in the party's absence and he or she shall not be entitled to any further notice in the proceeding.
The following persons are parties for the purpose of these Rules:
The Board may add a party under clause (c) for all or part of the proceeding, and may make any other Order as seems just to minimize prejudice or delay to the other parties.
In determining whether a person should be added as a party, the Board may consider any of the following factors:
A party or participant who communicates with the Board may be directed to provide a copy or notice of the communication to the other parties or participants prior to the Board dealing with the matter.
If an applicant seeking compensation as a victim of crime dies before the matter has been heard, the application is a nullity. If an applicant seeking compensation as a victim of crime dies after the case was heard, the Board will make a decision.
A party may bring a motion before or during the hearing. A motion may concern the jurisdiction of the Board, a request for an adjournment, party status, a significant legal issue, or any other procedural matter.
The Board may direct that the motion be made in writing or by any other means and may direct the procedure to be followed and set applicable time limits and conditions.
When a party seeks to raise a constitutional question or Charter issue in a proceeding, that party shall serve a Notice of Constitutional Question on the Board, the other parties, and the Attorney General of Ontario and Canada, in accordance with the Courts of Justice Act.
At any time, the Board may make directions requiring a party to take action the Board considers may assist the conduct of the proceedings or the matter being resolved.
Where deemed appropriate under the circumstances, the Board may order that a pre-hearing conference be conducted for the purposes of dealing with any procedural or legal matter.
Where a licensed legal representative participates in a pre-hearing conference without his or her client, the representative must have the authority to make agreements and give undertakings respecting the matters to be addressed at the pre-hearing conference.
The Board shall give notice of a pre-hearing conference to the parties and to such other persons as the Board considers necessary. The Board may direct parties to exchange and file documents or submissions prior to the pre-hearing conference.
A pre-hearing conference may be conducted by the Associate Chair, Vice-Chair or member of the Board who is not on the Panel hearing the matter. A pre-hearing conference may be conducted orally or electronically. A pre-hearing conference shall not be open to the public unless the Board so orders.
Agreements made and undertakings given at a pre-hearing conference, as well as areas of disagreement, shall be recorded in a Memorandum or Interim Ruling prepared by or under the direction of the Associate Chair, Vice-Chair or Board member conducting it. These agreements shall govern the conduct of the proceeding.
Additional directions may be issued based on the results of the pre-hearing conference to ensure efficient adjudication of the matter.
A hearing may be adjourned if the Board or Panel is satisfied that the adjournment is appropriate or necessary to permit a fair hearing to be conducted. Requests shall be made as soon as the need for an adjournment comes to the attention of the party, and where possible, before the date of hearing.
Except in extraordinary circumstances, the Board will refuse an adjournment where:
The Board may order a stay of proceedings or hold an application in abeyance where it deems necessary pending the outcome of any other legal proceedings, including criminal trials, civil actions, or other inquiries/investigations.
Hearings at the Board are conducted in writing provided that the Board is satisfied that no party would be materially prejudiced. A party who objects to a written hearing, may request an oral hearing and shall notify the Board on receipt of the notice of hearing and provide the Board, in writing, with reasons for the objection.
Where the Board directs the conduct of a written hearing, the Board shall also provide procedural directions to the parties and to any identified participants. The procedural directions shall indicate:
a) The date and purpose of the hearing, and details about the manner in which the hearing will be conducted;
b) The time periods during which parties are to file documents for the written hearing; and
c) That documents filed by a party or participants may be disclosed to the other parties, and each party will have an opportunity to make submissions in writing to the Board.
In a written hearing there shall be no examination by written questions, unless ordered by the Board.
The Board may conduct a hearing as an electronic hearing provided that it is satisfied that no party would be materially prejudiced by an electronic hearing. A party who objects to an electronic hearing shall notify the Board on receipt of the notice of hearing and provide the Board, in writing, with reasons for the objection.
If the Board orders an electronic hearing, it may impose any conditions for the conduct of the hearing it considers appropriate, including requiring that a party attend at a remote location for some or all of the hearing.
Where a hearing has been begun in one form, if necessary, some parts or all of the hearing may continue in a different form.
The Board records its oral hearings and pre-hearings. The proceeding is not invalidated as a result of a malfunction of the recording equipment, the failure to record the whole or part of the hearing, or the destruction of the recording.
A transcript of the hearing will be prepared and included with the record of proceedings when a Notice of Appeal is filed with the Court and served on the Board. The Board may consider requests for a copy of the hearing recording from a party's licensed legal representative and may impose conditions to protect the integrity of its hearing process.
Subject to these Rules, the Board's hearings are open to the public, except where the Board determines otherwise. With regard to electronic hearings, the Board is not required to provide facilities to allow public participation in or attendance at an electronic hearing.
All or part of a hearing may be closed to the public where the Board is of the opinion that:
The Board may impose such conditions as it considers appropriate on parts of a hearing which are closed to the public. Unless otherwise ordered, where part of a hearing is closed to the public, that part may only be attended by those individuals who are required to attend.
The Board may make any Order to exclude any attendees at any hearing to protect the confidentiality of personal or sensitive information where it considers it appropriate to do so.
Hearing dates, or other dates in a proceeding, may be scheduled with or without consultation with the parties.
If two or more proceedings before the Board involve the same or similar questions of fact, law or policy, the Board may, with the consent of the parties, combine the proceedings or any part of them or hear the proceedings at the same time.
Where the Board combines or hears together two or more proceedings it may do so subject to conditions it considers appropriate.
The Board shall obtain the consent of the parties in writing or verbally, but if not in writing the consent shall be noted by the Board employee who spoke to the party, together with their name and the date of the conversation.
Where two or more proceedings are heard together:
A party who files evidence for a proceeding that is heard with other proceedings shall identify the proceeding:
Where two or more proceedings (or parts of proceedings) have been combined, the Board may order that the proceedings are no longer combined and continue with them separately if combining the proceedings unduly complicates or delays the proceedings or causes prejudice to a party.
Where an application involves allegations of several distinct occurrences involving multiple alleged offenders, the Board may proceed with separate hearings for each alleged offender where it is satisfied that doing so is in the best interests of the administration of justice.
A party may provide submissions objecting to separate hearings within a specified time frame provided by the Board.
If a party fails to attend or fails to arrive within 20 minutes of the scheduled start time of a hearing, the Board may:
The hearing panel may define the issues and questions to be considered during an oral hearing. The panel may ask questions and seek submissions of parties and witnesses as evidence.
An oral hearing panel may be composed of one or more adjudicators as directed by the Associate Chair.
A hearing panel is considered seized of a matter once it has begun to hear substantive evidence in a matter.
Where the circumstances require, the membership of a hearing panel may be reconstituted by direction of the Associate Chair as considered necessary based on the availability of adjudicators, the complexity of the case to be heard, or any other reason necessary to adequately hear the merits of the case.
Circumstances may include, situations where a panel member has an illness or conflict of interest, or is otherwise unable to participate in the hearing. The number of adjudicators may be increased or decreased depending on the requirements of the hearing.
The Board may order the re-hearing of a matter, without consent of the parties, where there has been a substantial defect such as:
Where an applicant has received a decision heard by a single member, the applicant may apply to the Board for a review of the decision by a minimum two-member panel per section 10 of the CVCA.
A review hearing is a review of the sufficiency of the original decision and will not be interfered with unless the original decision demonstrates a failure to properly exercise discretion or an error in law.
A decision of the Board on an application may be appealed to the Divisional Court on a question of law pursuant to section 23 of the CVCA.
The Board may direct the form in which written evidence shall be filed.
The Board may admit a copy of a document or other thing as evidence at a hearing if it is satisfied that the copy is authentic.
Where a document has been filed at a hearing, the Board may, at the request of the party who filed it, photocopy the document, certified by a Member as a true copy, and release the original to the party.
The Board may admit any evidence, including hearsay, relevant to the subject matter of the proceeding whether or not a court could admit that evidence.
Subject to the residual discretion to exclude, testimony should be admissible as evidence in the proceedings where:
The Board may accept evidence by telephone or other device or through use of closed circuit television or privacy screen from a party or witness who is not present as long as all parties present at the hearing are able to hear the witness's statements and cross-examination is permitted.
Evidence at the hearing shall generally be presented by the parties in the following order: the applicant, other parties whose interest or position supports the applicant, the offender or alleged offender, other parties whose interest or position is opposed to that of the applicant, other parties to the proceeding, and the applicant in reply.
The hearing panel may direct a different order of presentation of evidence in accordance with the issues to be determined.
The Board may summon any person to attend an oral or electronic hearing, give evidence on oath or affirmation and produce in evidence at the hearing such documents or other things as are specified in the summons. A summons to witness shall be signed by the Associate Chair or the Associate Chair's designate.
A party who requests a summons to witness shall advise the Board of the name and address of the witness to be summoned and satisfy the Associate Chair that the evidence the witness is expected to give at the hearing will be relevant and probative to the subject matter of the proceeding. The issuance of or refusal to issue a summons may be reviewed by the Board at the hearing.
The Board may refuse to issue a summons where it is not satisfied that the proposed witness has sufficient relevant evidence to justify his or her attendance.
A summons shall be personally served unless the Board directs or orders otherwise. It is the responsibility of the party who obtained the summons to ensure that it is served and to pay the attendance fees and travel allowance required by the Rules of Civil Procedure at the time of service.
The Board may order that a witness be excluded from the hearing until called to give evidence.
Where an order is made excluding a witness from the hearing, there shall be no communication with the witness about any evidence given during his or her absence from the hearing room, except with leave of the Board, until after the witness has concluded giving evidence.
Parties and their representatives undertake not to use documents and information obtained under these Rules for any purpose other than in the particular proceeding before the Board.
Prior to hearing an application, the Board will provide parties with disclosure relevant to the issues on which submissions will be required. The Board will provide sufficient information to parties to allow them to understand any allegations made and to know the substance of issues to be addressed.
The Board will not provide documentation or information not relevant to issues to be determined with respect to that party. Documents in the Board's possession, whether collected on behalf of a party or on its own behalf, are subject to legislative restrictions. Some documents may be provided in redacted form to protect the privacy of parties, participants or other individuals in accordance with principles of natural justice, procedural fairness, FIPPA and the SPPA.
Parties may be directed, at their expense, to give a copy of any document in their possession or control, or provide access to any document to the Board or other parties. The Board may direct the terms of how and when copies should be given or access should be permitted.
Parties must ensure the Board is provided with all relevant material on which it intends to rely to the Board, and/or other parties as directed, 30 days prior to the hearing.
Parties must ensure the Board is provided with up to date information related to any criminal, civil or other legal proceedings involving related issues, parties or incidents.
Disclosure is an ongoing obligation. Each party must promptly disclose and produce, to the Board and other parties, all arguably relevant documents discovered or acquired during the proceedings, and must promptly advise the Board and parties of any changes to the information disclosed or produced.
The Board may grant a publication ban of its own initiative, or on application of a party to the proceedings. In granting a publication ban, the Board may consider whether a publication ban:
The Board may at any time on its own initiative or on the application of a party consider a motion to remove a publication ban. The Board shall consider whether the circumstances which justified the making of the publication ban in the original Order have ceased to exist, and any other consideration the Board determines is relevant.
The Board shall set the date and place for the hearing and shall provide notice of same to the parties.
Where provided for public viewing, personal identifying information contained in Board orders will be removed to protect the privacy of the parties.
The Board shall give its final decision and Order, if any, in any proceeding in writing. The Board shall send each party who participated in the hearing, or the party's counsel or agent, a copy of its final decision or Order by regular letter mail. The Board shall send the Order to the most current address filed with the Board and it shall be deemed to be received by the party on the fifth day after the day it is mailed.
A party who requires written reasons for a Board decision must make a request for written reasons at the conclusion of the hearing or within 14 days of the end of the hearing in writing or by telephone. A party intending to ask for an appeal or review of the Board's decision must request written reasons.
At the claimant's request and where it is deemed appropriate by the Board, the Board may in its sole discretion, decide to disclose its decision over the telephone.
The Board may correct a typographical error, an error of calculation, an omission or any other similar error in its decision.
The Board ordinarily orders the award for compensation to be paid directly to the applicant. However, an applicant can by way of a written direction authorize the Board to pay the award for compensation to their licensed representative in trust. The written direction must be dated and filed with the Board prior to the hearing or on the day of the hearing. A direction submitted after the hearing will not be accepted by the Board.
Compensation paid pursuant to a direction is money paid or payable by way of compensation under the CVCA and is not subject to garnishment, attachment, execution, set-off or any legal process and the right thereto is not assignable pursuant to section 20 of the CVCA.
Subject to the discretion of the Board, only parties are eligible for an award of costs. The Board, in exercising its discretion, may award legal costs as a contribution to the legal expenses incurred in bringing the application to the Board.
Legal fees and disbursements are a contractual matter between a client and his/her lawyer. The Board does not compensate for expenses arising from the criminal proceedings, the civil proceedings or any appeals related to the incident, which occasioned the application to the Board.
The Board may post on its website or print in its annual report full texts or summaries of its decisions.
Information about an application can also become public at a public hearing. The Board may be required to release information requested under the Freedom of Information and Protection of Privacy Act.
All recipients of decisions awarding periodic payments have an obligation to inform the Board in a timely manner of any material change in status, benefits received, or any other matter which could impact on the Board's decision to provide periodic payments. Recipients also have an obligation to keep the Board informed of changes of address.
The Board will conduct a regular review of periodic payment orders and may vary orders and conditions. The Board may require recipients to furnish it with additional relevant information relating to status within a specified time frame.