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IN THE MATTER OF STEVEN TRUSCOTT, ADVISORY OPINION ON THE ISSUE OF COMPENSATION – Print Version, PDF 294KB

0. INTRODUCTION
1. MY MANDATE
2. FACTUAL BACKGROUND
3. REFERENCE TO THE COURT OF APPEAL
4. DECISION OF THE COURT OF APPEAL
   1. The First Pillar Evidence Elated to the Time of Lynne Harper's Death
   2. The Second Pillar Eyewitness Evidence as to Where and When Steven Truscott was Seen on the Evening of June 9
   3. The Third Pillar. Post-Offence Conduct
   4. The Fourth Pillar The Penis Lesions Evidence
   5. Other Evidence Considered by the Court of Appeal
   The Court of Appeal's Conclusion
5. ENTITLEMENT TO COMPENSATION-THE LEGAL FRAMEWORK
   1. A Civil Cause of Action
   2. Ex Gratia Payment by the State
   3. Proof of Factual Innocence
6. ENTITLEMENT TO COMPENSATION - PROOF OF INNOCENCE IN THE PRESENT CASE
7. CONCLUSIONS ON ENTITLEMENT TO COMPENSATION
8. QUANTUM OF COMPENSATION - INTRODUCTION
9. HOW SHOULD COMPENSATION BE DETERMINED?
   1. The Tort-Based Approach to Compensation
   2. Standardized Approach Based on the Number of Years Spent in Custody
   3. How to Assess Compensation in the Present Case
      1. The Difficulty in Estimating Mr. Truscott's Loss of Earnings
      2. The Need for an Over-All Award
      3. Facts Relevant to Assessing Compensation
10. THE QUANTUM OF COMPENSATION FOR MR. TRUSCOTT
11. COMPENSATION FOR MARLENE TRUSCOTT
12. CONTRIBUTION BY THE FEDERAL GOVERNMENT
13. LEGAL FEES PAID BY LEGAL AID ONTARIO
14. RECOMMENDATION

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