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 [DATE], 2018. 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.
These Rules are made pursuant to s. 25.1 of the Statutory Powers Procedures Act, R.S.O. 1990, c.S.22, as amended, and apply to all proceedings before the CICB.
The Associate Chair of the CICB may issue Practice Directions and Guidelines to provide information about the CICB's practices and procedures.
The CICB may decide not to process an application which is not filed in compliance with these Rules or may direct a party to provide missing information or take other steps to address non-compliance.
In these Rules:
"alleged offender" means the person who is alleged to have committed the crime or crimes of violence which are the subject of the application;
a person who is seeking compensation for injuries resulting from a crime of violence;
a person who is seeking compensation for funeral or other expenses where a person died as the result of a crime of violence;
a person who was being supported financially by a person who died as result of a crime of violence;
a person who is caring for a child of a person who died as the result of a crime of violence; or
a person who witnessed or came upon a crime scene and experienced mental or nervous shock.
"application" means an application to the CICB for compensation for injuries or death resulting from a crime of violence as defined in the CVCA;
"Associate Chair" means the member who is appointed as Associate Chair of the CICB by the Lieutenant Governor in Council or assigned to act as Associate Chair by the Executive Chair of the Social Justice Tribunals Ontario;
"CICB" means the Criminal Injuries Compensation Board;
"CVCA" means Compensation for Victims of Crime Act;
"day" means a calendar day;
"file" means to file anything with the CICB and a "filing" is anything that is filed;
"holiday" means an Saturday, Sunday or any other day on which the CICB's offices are closed;
"litigation guardian" means a person who acts as litigation guardian on behalf of an applicant in accordance with the SJTO Common Rules;
"member" means a person who is appointed as a member of the CICB by the Lieutenant Governor in Council and includes the Associate Chair;
"offender" means a person who has been determined by a court to be guilty of the crime or crimes of violence which are the subject of the application;
"panel" means the CICB member or members who decide the application;
"party" includes the applicant, the Minister, the offender or alleged offender where served with the notice of application and any person or organization who appears to the CICB to have an interest in the application;
"pre-hearing conference" means a meeting of all parties convened at the direction of the CICB or on the request of a party during which the CICB may decide preliminary issues or make case management directions;
"proceedings" includes all processes following the filing of an application;
"victim" means a person who was injured or killed as a result of a crime of violence and a victim may also be an applicant;
"youth" means a person under the age of 18.
The CICB may exercise any of the powers under these Rules at the request of a party or on its own initiative.
To provide for the fair, just and expeditious resolution of any matter before it, the CICB may:
Where an order or a Rule refers to a number of days this means calendar days. Where an order or Rule refers to a specific number of days between two events, the day on which the first event happens is not counted and the day on which the second event happens is counted.
When the time for doing or filing anything ends on a holiday it may be done on the next day that is not a holiday.
A document delivered by mail is deemed received on the fifth day after the date it was mailed unless that day is a holiday within the meaning of these Rules.
An applicant must provide an address for delivery of notices and other application related correspondence.
Where an applicant is unable to provide an address the CICB may determine an alternative method for delivering and receiving materials. Where no alternate method of delivery can be established, the CICB will not process the application and the file will be closed or dismissed as abandoned.
Written communications to the CICB must be readable, written on only one side of the page, use blue or black ink, be double spaced and have margins on both sides of the page. Pages must be numbered.
Where appropriate, the CICB may direct a party to provide a copy of any document including the application to any other party.
The CICB must be advised immediately when a party's contact information or address for delivery changes. Delivery to the most current address provided by a party is considered delivery to the party.
The CICB may decide an application without further notice to any party who cannot be contacted using the most current address provided by that party.
An application to the CICB is started by completing and filing the:
An application seeking compensation for injury may be converted to an application seeking compensation for death where the injuries result in death.
The application must include:
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 CICB will decide whether to:
Every application is reviewed for completeness and to confirm it is in the CICB's power to decide.
The application must provide sufficient information to allow the CICB to conduct a hearing. An incomplete application will be returned to the applicant with an explanation of what is missing. The completed application must be returned to the CICB within 30 days. If the applicant does not respond by that time the CICB may dismiss the application as abandoned without holding a hearing.
An applicant may request more time to obtain missing information. The request for more time must be in writing.
If the requested information is unavailable the applicant must write to the CICB explaining why and steps taken to obtain the information. The CICB will decide whether the application can proceed in those circumstances.
All applications, except applications alleging injury or death resulting from sexual or domestic violence, must be filed within two years of the date of injury or death.
An application which is subject to the two year time limit and filed beyond that time must include reasons and any documentation explaining the delay and why the CICB should extend the time for filing. The CICB may direct the applicant to provide additional information about the delay.
In deciding whether the delay was reasonable the CICB considers:
If the CICB decides the delay was reasonable and extends the time for filing, the application will proceed. The CICB will not provide reasons for its decision to extend time.
If the CICB refuses to extend the time it will dismiss the Application. Written reasons for that decision will be provided to the applicant.
The CICB will determine whether to issue a Notice of Application to an alleged offender. Absent exceptional circumstances, an alleged offender will only be given notice of the application where the alleged offender's participation will assist the CICB to determine if a crime of violence took place.
The applicant/victim's contact information as well as information and documents relating to the applicant/victim's injuries, medical condition, treatment and financial circumstances is redacted from the application and documents provided to an alleged offender with the Notice of Application.
An alleged offender may choose to participate in the proceeding by completing and filing a Response within 30 days of receiving the Notice of Application. All supporting documents should be attached to the response.
If the alleged offender does not respond within 30 days, he or she will receive no further notice of the proceeding and the application will proceed without his or her participation.
If, through no fault of his or her own, the alleged offender did not receive the notice of application in time to file a response, the alleged offender must contact the CICB as soon as possible after becoming aware of the application and request additional time to respond.
Where an applicant fails to respond to notices or directions the CICB may:
The CICB may resume processing of a suspended application upon request of the applicant, their representative or their litigation guardian.
Where an application filed by a youth or on behalf of a youth 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 another application in accordance with the Rules.
The CICB may issue a notice of intent to dismiss an application or part of an application without a hearing where it appears:
The applicant must respond to the Notice of Intent to Dismiss in writing within 30 days.
After considering the applicant's submissions, or the time for filing submissions has passed, the CICB will:
Every document filed with the CICB must include the:
Unless the CICB directs otherwise, documents may be filed:
A hard copy of documents filed by email or fax is not required unless directed.
Documents longer than 30 pages may not be filed by fax without the CICB's consent.
Attachments to emails may not exceed 10 mb.
Documents received after 5 pm are considered filed on the next day which is not a holiday.
Unless the CICB directs otherwise, documents may be delivered:
Where a party is represented, documents must be delivered to the party's representative.
A party may make a written motion using the CICB's Notice of Motion form. A Notice of Motion must be filed with the CICB as soon as the party realizes it is necessary.
The Notice of Motion must:
A party may make an oral motion during an in person or electronic hearing.
The CICB will deliver the Notice of Motion to the other parties and invite them to respond in writing within 14 days. The response must provide reasons for the party's position and attach any relevant documents.
Absent exceptional circumstances, the CICB will decide the motion based on the Notice of Motion and any response. If oral submissions are necessary the parties will be told and given time for this at the beginning of the hearing.
Absent exceptional circumstances, a motion to dismiss the application will only be considered as part of the hearing.
Absent exceptional circumstances, requests to adjourn a hearing must be in writing and include detailed reasons in support of the request. The request must be filed with the CICB as soon as possible after the party becomes aware of the need for an adjournment.
The CICB may refuse an adjournment without seeking submissions from the other parties.
Absent exceptional circumstances, the CICB will not grant an adjournment without providing the other parties with an opportunity to respond.
A request to adjourn a hearing made less than 14 days before the hearing date is considered a late request. Absent exceptional circumstances, late requests to adjourn will be decided at the hearing.
When deciding whether to add a party the CICB will consider the nature of the proposed party's interest in the application and whether:
A party may ask the CICB to issue a summons to a witness by filing a Request for Summons as soon as possible after receiving the Notice of Hearing and, in any event, at least 7 days before the hearing.
The CICB will not issue a summons unless satisfied the witness has information arguably relevant to the issues in dispute and is necessary to deciding the application.
Proper service of the issued summons and payment of required attendance money is the responsibility of the party who obtained the summons.
When a party intends to question the constitutional validity or applicability of any law, regulation, by-law or rule or where a party seeks a remedy under s.24(1) of the Charter of Rights and Freedoms in relation to an act or omission of the Government of Canada or the Government of Ontario, a Notice of Constitutional Question must be delivered to the Attorney Generals of Ontario and Canada and to the CICB as soon as the circumstances requiring the Notice become known and, in any event, at least 15 days before the question is to be argued.
The CICB may direct the applicant to provide additional information and documents at any time.
An applicant has a continuing obligation to inform the CICB of the result of any criminal, civil or other legal proceedings related to the application and provide a copy of any decision, judgement or order when released.
Information obtained from a police service will not be disclosed to any party unless the police service has authorized its disclosure.
Disclosure is an ongoing obligation. Parties must promptly disclose and file with the CICB, all arguably relevant documents discovered or acquired during the proceedings, and must promptly advise the CICB of any changes to the information disclosed or produced.
Hearings and pre-hearing conferences are scheduled without consultation with the parties absent exceptional circumstances.
Where a party has been notified of a hearing or pre-hearing conference and fails to attend, the party shall not be entitled to any further notice and the CICB may:
Hearings and pre-hearings may be conducted in person, in writing, by telephone or by other electronic means as the CICB considers appropriate.
An objection to the form of hearing must be in writing and made within 14 days of being advised of the form of hearing.
An objection to a written hearing must explain why there is a good reason for not holding a written hearing.
An objection to an electronic hearing must explain why an electronic hearing will cause significant prejudice.
The pre-hearing or hearing may begin in one form and, if the CICB considers it necessary, it may continue the hearing in another form.
The CICB may direct the parties to attend a pre-hearing conference and may require the parties to file documents or submissions in advance of the pre-hearing conference.
A legal representative may attend the pre-hearing conference without their client where they have authority to make binding agreements on their client's behalf.
Unless the CICB directs otherwise, a pre-hearing conference is not open to the public.
Parties must file all documents or other materials on which they intend to rely at the hearing no later than 14 days before the hearing.
Where an application names more than one offender/alleged offender, the CICB may exercise its discretion to hear the allegations against each offender/alleged offender separately if satisfied this is the most fair, just and expeditious method of proceeding.
An objection to hearing the allegations separately must be in writing and filed within 14 days of receiving the notice of hearing.
Where more than one application is filed in respect of the same crime of violence the CICB may:
Subject to the direction of the panel, the applicant will testify first followed by any other evidence or witnesses supporting the application. Parties opposing the application will provide evidence in response. The applicant may reply.
Where an alleged offender participates in the hearing the CICB will hear the evidence and submissions on the crime of violence first. Once that portion of the hearing is completed the alleged offender will be excused from the hearing and CICB will hear evidence and submissions on the remaining issues.
Where the panel permits, a witness may testify by telephone or other electronic device as long as all parties present are able to hear the witness.
Where appropriate, parties may remain in separate rooms and participate in some or all of the hearing by telephone or electronic means. If necessary, the hearing panel and legal representatives, if any, will move between the hearing rooms.
Where the CICB considers it necessary to avoid potential re-victimization, the CICB will direct an alleged offender to prepare questions to be asked to the applicant/victim. If satisfied the questions are relevant and appropriate, the panel will ask the applicant/victim those questions on behalf of the alleged offender.
CICB hearings are public. The CICB may order all or part of a hearing closed to the public where an open hearing may:
The CICB may make orders to protect the confidentiality of personal or sensitive information, including a full or partial publication ban or an order sealing some or part of the record.
The CICB may on its own initiative or on the request of a party consider a motion to remove a publication ban or sealing order.
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.
Parties and their representatives may not use documents or recordings obtained under these Rules for any purpose other than the proceeding before the CICB or an appeal of the CICB's decision.
A party may request written reasons for a decision at the conclusion of an in person or electronic hearing or in writing within 14 days after the hearing concluded.
A party intending to review or appeal the CICB's decision must request written reasons.
An applicant must file a Direction of Funds form before or at the hearing. Any award of compensation will be paid to the legal representative named in the Direction of Funds.
The CICB will not accept a Direction of Funds filed after the hearing has concluded.
The CICB will not accept a request for assignment of funds.
The CICB may vary an order for compensation on its own motion or on the request of any party if satisfied that:
The request to vary must be in writing and attach supporting documents. Where the request to vary seeks additional compensation for medical, dental, physiotherapy counselling or other treatments a report from the treatment provider must be provided.
An applicant who has been awarded periodic payments must immediately inform the CICB of any change of address or change in status which could affect ongoing entitlement to periodic payments.
The CICB will conduct a regular review of periodic payment orders and may vary orders and conditions. The CICB may direct an applicant to provide updated or additional information at any time.
The CICB may correct a typographical error, an error of calculation, an omission or any other similar error in its decision.
An applicant may request a review of the decision of a single member on the grounds that the decision contains a serious error of law or an unreasonable exercise of discretion.
Unless the CICB directs otherwise the request for review will be decided by a panel of two or more members in a written hearing.
Any party may make a written request for reconsideration of a final decision made by a panel of two or more members in writing 30 days from the date of the decision.
A request for reconsideration filed more than 30 days after the date of the decision must provide reasons for the delay.
The CICB may dismiss the request for reconsideration without seeking submissions from the other parties but will not grant a request without permitting the other parties to file written submissions.
A request for reconsideration will be decided based on the written submissions unless the CICB directs otherwise.
The CICB will not reconsider a decision unless satisfied that:
The CICB will not process another request for reconsideration of the same decision from the same party unless there are exceptional circumstances.
The CICB may reconsider a decision of a single member or a panel where it considers it advisable and appropriate to do so.
Where the CICB receives a written request to withdraw all or part of an application it will issue a decision confirming the withdrawal.
The CICB's final decision may be appealed to the Divisional Court on a question of law within 30 days of the date of the decision.