Does the victim of a motor vehicle accident have to be lilywhite to receive compensation under the Criminal Injuries Compensation Act?

Ontario, Canada


The following excerpt is from S.D. v. Criminal Injuries Compensation Board, 2010 ONSC 5808 (CanLII):

The scheme of the Act is to compensate victims of a crime and those who might be injured while arresting offenders or assisting police in arresting offenders. However, the Act does not require the victim to be lilywhite. In commenting on similar legislation in Nova Scotia in the case of Poholko v. Criminal Injuries Compensation Board, [1983] N.S.J. No. 413 (N.S.C.A.), Macdonald, J.A., speaking for the court stated: I cannot conceive that the legislature intended to enunciate any particular moral code when it enacted the relevant legislation but rather had in mind compensation to persons of all descriptions when they were injured by the act of another person resulting from or in the commission of one of the relevant criminal offences listed in the Act...

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