DELAVERIS

The applicant sought compensation for injuries sustained in a criminal incident, appealing the amount awarded by an assessor. The applicant argued that the award did not adequately account for past loss of earnings and future loss of capacity to earn. The respondent, representing the government, contended that the award was appropriate and that the applicant's appeal was out of time. The applicant also sought to introduce additional evidence regarding the impact of the injuries. The Court of Appeal heard the matter.

The primary legal issues before the court were whether the appeal was valid despite being lodged beyond the statutory time limit, if additional evidence could be admitted, and whether the award was insufficient given the applicant's claims. The court had to balance the statutory requirement for timely appeals against the applicant's need to present a comprehensive case. Additionally, the court needed to determine whether the assessor's calculation of past and future loss of earnings was correct.

The court found that the appeal, although late, was admissible due to the applicant's reasonable diligence and the absence of prejudice to the respondent. The court also allowed the introduction of additional evidence, which supported the applicant's claims of greater loss. The court determined that the assessor's award did not adequately consider the full extent of the applicant's loss of earnings and future earning capacity. Consequently, the court increased the compensation award to reflect the applicant's actual losses. The court's decision was based on a thorough review of the evidence and a careful assessment of the statutory provisions regarding compensation and the timing of appeals.