) ) MICHAEL PELLETIER Appellant – v. –, 2010 ONSC 6846

CITATION : Pelletier v. Criminal Injuries Compensation Board, 2010 ONSC 6846 DIVISIONAL COURT FILE NO.: 144/10 DATE: 20101210 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT JENNINGS, MOLLOY AND DALEY JJ. BETWEEN: ) ) MICHAEL PELLETIER Appellant – and – CRIMINAL INJURIES COMPENSATION BOARD Respondent )) )) )) )) )) M. Shannon Black , for the Appellant David Fine , for the Respondent ) ) ) HEARD at Toronto: December 10, 2010 JENNINGS J. (ORALLY) [ 1 ] The appellant appeals the February 12, 2010 order of the CICB, terminating his payments.

After the appeal was set down, on October 12, 2010, CICB reviewed its order and reinstated payments, ultimately retroactively. Payments were only reinstated for five years, that is, until the appellant turned 65. On November 19, 2010, the appellant appealed the October 12 order. Nothing in the February 12, 2010 order remains in dispute, but for the issue of costs. The appeal from it is therefore moot. [ 2 ] Not before us on this appeal are issues of duration of payments and any variation in the amount.

The question of an increase as sought by the appellant is not, in our opinion, an issue arising out of the October 12, 2010 order that can be considered by an appeal to this Court. That is a matter for the Board to be determined on an application under s.25. Because that issue must go back to the Board, we express the hope that Mr. Pelletier not be put to the expense of continuing his appeal of the October 12, 2010 order solely to address the issue of termination at age 65. COSTS [ 3 ] For oral reasons delivered today, this appeal is dismissed as being moot.

Although the matter was moot the appeal was necessary and the appellant should receive something on account of costs. Costs to the appellant fixed at $4,000, inclusive. JENNINGS J. MOLLOY J.

DALEY J. Date of Reasons for Judgment: December 10, 2010 Date of Release: December 17, 2010 CITATION : Pelletier v. Criminal Injuries Compensation Board, 2010 ONSC 6846 DIVISIONAL COURT FILE NO.: 144/10 DATE: 20101210 ONTARIO SUPERIOR COURT OF JUSTICE DIVISIONAL COURT JENNINGS, MOLLOY AND DALEY JJ. BETWEEN: MICHAEL PELLETIER Appellant – and – CRIMINAL INJURIES COMPENSATION BOARD Respondent ORAL REASONS FOR JUDGMENT JENNINGS J. Date of Reasons for Judgment: December 10, 2010 Date of Release: December 17, 2010