(Re) 1606-03835, 2017 ONCICB 13

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Dawn Sullivan

Date: January 31, 2017

Indexed as: (Re) 1606-03835

ORDER

Introduction

1The Applicant brings forth this claim for pain and suffering in regards to an incident that occurred on [date], 2015 in which she was physically assaulted by the Offender while in an attempt to protect her boyfriend, who was being assaulted by the Offender’s friends. The Offender was convicted of Assault with a weapon in relation to the Applicant.

Issue

2The CICB must determine the extent of the Applicant’s injuries and the appropriate level of compensation.

Analysis and Decision

3The fact the Offender was convicted is conclusive evidence the crime of violence was committed.

4According, I find the Applicant is a victim within the meaning of section 5(a) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24 (the “Act”) as a result of a crime of violence perpetrated by the Offender.

5Documentation on file indicates that on the night of the incident, the Offender was wearing leather oxford type shoes which had approximately fifty short metal pointed studs on each toe cap and some studs on the sides. He was also wearing a leather belt with a steel buckle. The Applicant was walking with her boyfriend from a club to the parking lot when the Applicant’s boyfriend was randomly attacked by two males who knocked him to the ground and began kicking him in the face. The Offender joined the two males and began kicking the Applicant’s boyfriend in the torso while wearing the spiked footwear. The Applicant tried to stop her boyfriend from being assaulted and jumped on top of him using her body as a shield. She was kicked in the face and body by the Offender and two males.

6In assessing compensation for pain and suffering, I have considered the injuries sustained along with the medical documentation on file. The Applicant sought immediate treatment at the emergency department for bruising and swelling to her face and right eye area. She experienced pain around the eye area which developed into black eyes. I was mindful of the profound impact this incident has had, and continues to have upon the Applicant’s sense of personal safety, ability to trust, health, productivity, and overall well-being. The Applicant notes that this incident significantly exacerbated her pre-existing anxiety. I have also considered the nature of the incident in that it was an unprovoked assault by strangers, one of whom used an improvised weapon. Having considered these factors, the CICB awards the Applicant $4,000.00 in pain and suffering.

Award

7The CICB now orders payment as follows:

Section 7(1)(d) Pain and Suffering $4,000.00

TOTAL ORDERED AT THIS HEARING: $4,000.00

Payment

8THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00