Pitters v. Criminal Injuries Compensation Board (Ont.), (1996) 95 O.A.C. 325 (DC)

• Judge: Hartt, Steele and Watt, JJ.
• Court: Ontario Court of Justice General Division (Canada)
• Case Date: October 16, 1996
• Jurisdiction: Ontario
• Citations: (1996), 95 O.A.C. 325 (DC)

Pitters v. Criminal Injuries Comp. Bd. (1996), 95 O.A.C. 325 (DC)

MLB headnote and full text

In The Matter Of the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended, and in the matter of a claim by Yvette Pitters

(No. 922-030801)

Yvette Pitters (appellant) v. Criminal Injuries Compensation Board (respondent)

(No. 364/94)

Indexed As: Pitters v. Criminal Injuries Compensation Board (Ont.)

Ontario Court of Justice

General Division

Divisional Court

Hartt, Steele and Watt, JJ.

December 10, 1996.

Summary:

The Criminal Injuries Compensation Board rejected Pitters' claim for benefits under the Compensation for Victims of Crime Act. Pitters appealed.

The Ontario Divisional Court allowed the appeal, set aside the Board's decision and remitted the matter to the Board (differently constituted) for a new hearing.

Crime Victims' Compensation - Topic 624

Conditions precedent to compensation - Commission of criminal offence - Crime of violence defined - The Criminal Injuries Compensation Board rejected Pitters' claim for benefits on the basis that the shooting which injured her was acci­dental and not a "crime of violence" within s. 5(a) of the Compensation for Victims of Crime Act - Pitters appealed, arguing that the Board erred in interpreting "crime of violence" in s. 5(a) - The Ontario Divi­sional Court allowed the appeal - The court held that it was not necessary to define "crime of violence" in this case because "an offence under s. 86 of the Criminal Code" was included in a "crime of violence constituting an offence against the Criminal Code" in s. 5(a) - There was evidence upon which the Board could find the commission of an offence under s. 86(2) of the Code and therefore a basis for Pitters' eligibility for compensation.

Crime Victims' Compensation - Topic 2282

Appeals - Question of law - The Criminal Injuries Compensation Board rejected Pitters' claim for benefits on the basis that the shooting which injured her was an accident and not a "crime of violence" within s. 5(a) of the Compensation for Victims of Crime Act - Pitters appealed, taking issue with, inter alia, the Board's finding that the discharge of the gun was an accident - The Ontario Divisional Court stated that Pitters contested the sufficiency or adequacy of the evidence to support the conclusion that the shooting was accidental and that therefore the ground of appeal was not cognizable by the court because it did not raise a ques­tion of law as required by s. 23 of the Act - See paragraphs 35 and 36.

Crime Victims' Compensation - Topic 2282

Appeals - Question of law - The Criminal Injuries Compensation Board rejected Pitters' claim for benefits on the basis that the shooting which injured her was an accident and not a "crime of violence" within s. 5(a) of the Compensation for Victims of Crime Act - Pitters appealed - The principal ground of appeal concerned the Board's interpretation of the phrase "crime of violence" in s. 5(a) - The On­tario Divisional Court stated that error in the interpretation of s. 5(a) would con­stitute an error of law open to review on appeal under s. 23 of the Act - See para­graph 43.

Words and Phrases

Crime of violence - The Ontario Divi­sional Court considered the meaning of the phrase "crime of violence" in s. 5(a) of the Compensation for Victims of Crime Act, R.S.O. 1990, c. C-24 - See paragraphs 45 to 50.

Cases Noticed:

R. v. Morin (K.M.), [1992] 3 S.C.R. 286; 142 N.R. 141; 131 A.R. 81; 25 W.A.C. 81; 76 C.C.C.(3d) 193, refd to. [para. 19].

Sunbeam Corp. (Can.) v. R., [1969] 2 C.C.C. 189 (S.C.C.), refd to. [para. 19].

Lampard v. R., [1969] 3 C.C.C. 249 (S.C.C.), refd to. [para. 19].

R. v. Wild, [1971] S.C.R. 101, refd to. [para. 19].

R. v. Bagshaw, [1972] S.C.R. 2, refd to. [para. 19].

R. v. Torrie, [1967] 3 C.C.C. 303 (Ont. C.A.), refd to. [para. 19].

Fenton v. Thorley & Co., [1903] A.C. 443 (H.L.), refd to. [para. 34].

R. v. Hughes, [1942] S.C.R. 517, refd to. [para. 34].

Graves v. R. (1913), 47 S.C.R. 568, refd to. [para. 34].

R. v. Lelievre, [1962] O.R. 522; 132 C.C.C. 288 (C.A.), refd to. [para. 34].

R. v. Tennant (1975), 7 O.R.(2d) 687; 23 C.C.C.(2d) 80 (C.A.), refd to. [para. 34].

R. v. Creighton, [1993] 3 S.C.R. 3; 157 N.R. 1; 65 O.A.C. 321; 83 C.C.C.(3d) 346, refd to. [para. 34].

R. v. Demeter, [1978] 1 S.C.R. 538; 16 N.R. 46; 34 C.C.C.(2d) 137, refd to. [para. 39].

R. v. Barrette, [1977] 2 S.C.R. 121; 10 N.R. 321; 29 C.C.C.(2d) 189, refd to. [para. 39].

R. v. Carpenter (No. 2) (1982), 1 C.C.C.(3d) 149 (Ont. C.A.), refd to. [para. 40].

R. v. Criminal Injuries Compensation Board, Ex parte Clowes, [1977] 1 W.L.R. 1353 (D.C.), refd to. [para. 48].

R. v. Criminal Injuries Compensation Board, Ex parte Webb, [1987] Q.B. 74 (C.A.), affing. [1986] Q.B. 184 (Div. Ct.), refd to. [para. 48].

R. v. Butcher, [1986] V.R. 43 (Full Court), refd to. [para. 48].

R. v. McCrossen, [1991] Tas. R. 1 (S. Ct.), refd to. [para. 48].

R. v. Sayers and McCoy (1983), 1 O.A.C. 239; 8 C.C.C.(3d) 572 (C.A.), refd to. [para. 49].

R. v. Oakley (1986), 13 O.A.C. 141; 24 C.C.C.(3d) 351 (C.A.), refd to. [para. 49].

R. v. Finlay, [1993] 3 S.C.R. 103; 156 N.R. 374; 113 Sask.R. 241; 52 W.A.C. 241; 83 C.C.C.(3d) 513, refd to. [para. 54].

Statutes Noticed:

Compensation for Victims of Crime Act, R.S.O. 1990, c. C-24, sect. 5(a) [para. 14]; sect. 23 [para. 18].

Authors and Works Noticed:

Duff, Criminal Injuries Compensation and Violent Crimes, [1987] Crim. L.R. 218, generally [para. 48].

Duff, Criminal Injuries Compensation: The Scope of the New Scheme (1989), 52 Mod. L.R. 518, generally [para. 48].

Counsel:

S. Klotz, for the appellant;

Kim Twohig, for the respondent.

This appeal was heard on October 16, 1996, before Hartt, Steele and Watt, JJ., of the Ontario Divisional Court. The judgment of the Divisional Court was delivered by Watt, J., and was released on December 10, 1996.