Information Sheet: Oral Hearings


Overview

The CICB may order an oral, electronic or written hearing. If we order an oral hearing, we will assign your application to one or two adjudicators, called members. The member(s) will review the written material you provide and hear evidence before making a decision.

It's important to attend the hearing

You will receive a notice of hearing which gives the date, time and location of the hearing. Please arrive at least 15 minutes before your hearing starts.

You must attend the hearing. Contact us immediately if you are unable to attend your hearing or if you expect to be late.

If you have filed more than one claim with the CICB you may receive more than one notice of hearing. It is important that you check each notice, since each hearing may start at a different time.

If you do not attend the hearing, we may go ahead without you (see Section 7 of the Statutory Powers Procedure Act) and you will not be entitled to any further notice in the proceeding. In these cases, the adjudicators can make a decision based on the documentary evidence in the file and the oral evidence of any witnesses who appear.

Before the hearing

You must provide the CICB with all of the relevant material you intend to rely on no later than 14 days before the hearing (see Rule 14.5 of the Rules of Procedure).

If it is not clear whether a crime of violence occurred, the CICB may notify the alleged offender about the application. The CICB's proceeding is not adversarial. An alleged offender is invited to participate in the proceeding by making written submissions. If the CICB decides to hold the hearing in person, the alleged offender will not be in the same room as you. They will be on the phone or video conference. We will tell you in advance if an alleged offender will participate in the hearing process. If you have concerns about the alleged offender being notified or receiving a copy of your application, you must tell us immediately during the application process.

During the hearing

Oral hearings are conducted in either English or French. If you require an interpreter in a language other than English or French, please let us know and we will arrange for an accredited interpreter to attend your hearing.

During an oral hearing, the adjudicators will ask questions about the incident, injuries and associated costs. You will have to affirm that you will tell the truth.

Oral hearings are usually open to the public, but may be closed if:

  1. there are public safety concerns
  2. there are ongoing criminal proceedings
  3. the claim involves a sexual offence, spousal abuse or child abuse

Hearing location

We conduct oral hearings in 21 locations across Ontario. We try to hold the hearing in the location closest to where the applicant lives or in a neighbouring community. If you find it difficult to travel to the hearing site, notify us immediately.

Length of hearing

Oral hearings are usually scheduled for 90 minutes. We may, however, allow more time if, for example:

Please arrive 15 minutes before the hearing. If you are late, the adjudicators will not have a full hour to devote to the case, as they will need to proceed with the next scheduled hearing.

The decision

After the hearing, the adjudicators will reach a decision based on all of the evidence presented. The adjudicators may communicate their decision on the day of the hearing but sometimes they will make their decision on another day. If you are awarded compensation, a cheque will be mailed to you 30 days after the CICB has sent its Order.

More information

For more information, see the Application and Hearing Process section on the CICB website at sjto.ca/cicb.



Contact the Criminal Injuries Compensation Board

Toronto area: 416-326-2900
Toll free: 1-800-372-7463
Fax: 416-326-2883
Email: info.cicb@ontario.ca

Address:
Criminal Injuries Compensation Board
655 Bay Street, 14th floor
Toronto, ON M7A 2A3

Visit our website at sjto.ca/cicb



Last updated: February 2018