Practice Direction on Prehearing Motions

A party may ask the Criminal Injuries Compensation Board (CICB) to make an order about any issue in an application by filing a notice of motion. Your notice of motion must be filed as soon as you believe an order is necessary.

The notice of motion must:

  1. explain what you want the CICB to do;
  2. explain why the order is necessary and include any facts to support the order; and
  3. attach any relevant documents.

The CICB will deliver the notice of motion to the other parties. If the other parties wish to respond, they must do so in writing within 21 days. The response must provide reasons to support the responding party's position and attach any relevant documents.

A motion for reasons for a decision to extend the time for filing an application will be refused.

A motion by an Alleged Offender for disclosure of an applicant's medical records will ordinarily be refused on the basis this information is irrelevant to the Alleged Offender's interest in the CICB's decision concerning the alleged crime of violence.

Most motions are decided based on the information in the notice of motion and any responses, so include all the information in support of your position that you consider necessary. If you fail to respond to the motion the CICB may decide it without considering your position.

In some situations the CICB may ask for more written submissions and/or direct you to attend a pre-hearing conference.

Pre-hearing conferences are not open to the public. At the pre-hearing conference the CICB adjudicator may ask you questions and listen to your submissions before making a decision. If you have a legal representative and your representative has completed and filed the CICB's Notice of Legal Representation form, your representative may attend the pre-hearing conference without you if he or she has the authority to make binding agreements for you.

If the CICB decides the motion before the hearing on the merits it will issue an Interim Order with brief reasons and, where appropriate, provide directions to the parties.

The CICB may also decide that hearing the motion at the same time as it hears the merits of the application is the most fair and expeditious way to proceed. Absent exceptional circumstances, a motion to dismiss an application will only be considered as part of the hearing on the merits.

Effective as of September 15, 2016