G.M. v. Director of Victims' Services (N.S.), (2003) 211 N.S.R.(2d) 147 (CA)

• Judge: Roscoe, Freeman and Bateman, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: December 09, 2002
• Jurisdiction: Nova Scotia
• Citations: (2003), 211 N.S.R.(2d) 147 (CA);2003 NSCA 3

G.M. v. Dir. of Victims' Services (2003), 211 N.S.R.(2d) 147 (CA);

 662 A.P.R. 147

MLB headnote and full text

Temp. Cite: [2003] N.S.R.(2d) TBEd. JA.021

G.M. (appellant) v. Nova Scotia Utility and Review Board (respondent)

(CA 181857; 2003 NSCA 3)

Indexed As: G.M. v. Director of Victims' Services (N.S.)

Nova Scotia Court of Appeal

Roscoe, Freeman and Bateman, JJ.A.

January 8, 2003.

Summary:

G.M., a victim of childhood sexual abuse, claimed compensation for health related services. The Nova Scotia Utility and Review Board, the board designated to hear appeals under the Victims' Rights and Ser­vices Act on a de novo basis, limited her future recovery under the Act to payment of gymnasium fees. G.M. appealed, arguing that she was also entitled to compensation for physical massage therapy.

The Nova Scotia Court of Appeal allowed the appeal, ruling that G.M. was entitled to, in addition to the gymnasium fees, compen­sation for the reasonable future cost of phy­sical massage therapy on a twice weekly basis, plus the reasonable cost of travel ex­penses necessary to give her access to such treatment.

Crime Victims' Compensation - Topic 1408

Compensation - Entitlement - Health ser­vices - G.M., a victim of childhood sexual abuse, claimed compensation under the Victims' Rights and Services Act, for health related services - The Nova Scotia Utility and Review Board limited her future recovery under the Act to payment of gymnasium fees - G.M. appealed, ar­guing that she was also entitled to compen­sation for physical massage therapy - The Nova Scotia Court of Appeal allowed the appeal, holding that given the evidence before it, the Board erred by exercising its discretion arbitrarily - The court noted that the Regulations under the Act established a necessity test for providing compensation for medical services such as massage thera­py - Here the victim was struggling with symptoms of post traumatic stress syn­drome found by the Board to have been caused by childhood sexual abuse, and it was the mandate of Victims' Services to make available to her the treatments she needed to help her get better - Necessity in the context of the Act was therefore made out to the civil standard - Further, there was medical evidence proving that physical massage was a necessary response to the needs of the victim beyond a balance of probabilities.

Cases Noticed:

Flynn v. Crime Injuries Compensation Board (N.S.) (1988), 83 N.S.R.(2d) 154; 210 A.P.R. 154 (C.A.), refd to. [para. 24].

Sutherland v. Director of Victims' Services (N.S.) (1998), 170 N.S.R.(2d) 73; 515 A.P.R. 73 (C.A.), refd to. [para. 24].

Statutes Noticed:

Victim's Rights and Services Act, R.S.N.S. 1989, c. 14, sect. 3(1) [para. 32], sect. 11A(1)(d) [para. 33]; 11C [para. 34]; 11G [para. 35].

Victim's Rights and Services Act Regula­tions (N.S.), sect. 2(3), 5(1), Appendix A, sect. 1, sect. 3(1), sect. 4, sect. 7 [para. 36].

Counsel:

The appellant appeared in person;

Edward A. Gores, for the respondent.

This appeal was heard in Halifax, Nova Scotia, on December 9, 2002, before Roscoe, Freeman and Bateman, JJ.A. The following decision was delivered for the court, on January 8, 2003, by Freeman, J.A.