CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1608-04560
ORDER
Introduction
1In this case, the Applicant claimed that he was assaulted by another driver (the Offender) on a street in [City].
2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Incident
3In his August 2016 submission to the CICB, the Applicant wrote that on [date], 2016, he was driving his car, slowed-down for a speed bump and noticed a car right behind him. The next thing he knew, that car stopped in front of him, the driver (the Offender) got out, came back to the Applicant’s vehicle and punched him in the face and head about ten times until he was interrupted by a witness. Then, he went back to his car and drove away. An ambulance and Police were called and came to the scene.
Police Report
4The CICB received reports from the [Name] Police Service in support of the Applicant’s claim. Upon investigation, the Offender alleged that his car was “rear ended” by the Applicant’s vehicle without any damage to either vehicle. Police confirmed the Offender struck the Applicant several times, yelled at one of the witnesses, got back into his car and drove away. Police confirmed the Applicant was taken to the Hospital with injuries to the left side of his face.
5Police located the Offender and charged him with assault. Court documents showed that on [date], 2016, the Offender was convicted of assault and as a result he received a suspended sentence plus twelve months of probation which included no-contact with the Applicant plus a restitution payment of $350.00 to be paid through the court system by [date], 2016.
Injuries
6In his Victim Impact Statement to the Court, the Applicant described the incident and he quoted the Offender as saying “This is how we do it in [another province]” and then he grabbed the Applicant by the shirt and tried to pull him out of the car. As a result of this incident, the left side of the Applicant’s face was bruised and swollen with severe pain. This assault also aggravated the pain from a herniated disc in the Applicant’s lower-back. The Applicant wrote that he suffered two bouts of severe depression in which he had suicidal ideations and he became very anxious and paranoid about driving.
7The Offender also broke the Applicant’s prescription glasses and tore his shirt so he had to repair and replace those items. He also suggested that $5,000.00 in pain and suffering would seem fair and reasonable to him for the injuries which he has endured.
8The Applicant provided an update, dated February 2017, on his condition. He has experienced two bouts of severe depression since the incident, several minor headaches and he still has some anxiety about driving. His Family Doctor was helping him cope with his mental health issues and he cannot afford to go to a psychiatrist as his credit is maxed out and he lives pay check to pay check.
Medical Reports
9The CICB received reports from the [Name] General Hospital which confirmed the Applicant had a slightly deviated nasal bone, a swollen eye and left cheek and no broken bones. The Applicant also complained of back pain.
10The CICB also received a Medical Report from the Applicant’s Physician, Dr. [Name] who confirmed the Applicant suffered from facial trauma, a black eye, sore jaw and headaches from this incident. Also she noted that he required a year of counselling to deal with his PTSD.
Expenses
11In his submission to the CICB, the Applicant claimed that he paid $90.00 for massage therapy which was 90% covered by his insurance benefits. He also claimed that he spent a total of $400.00 for his eyeglasses and shirt.
12The Applicant confirmed that he was expecting to receive a $350.00 restitution payment from the Court, paid by the Offender as restitution for his glasses and shirt expenses.
13The CICB provided the Applicant with $1,800.00 for counselling therapy in a section 14 Order dated March 7, 2016.
Analysis and Decision
14Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault.
15In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was punched several times and violently grabbed by the Offender. As a result, the Applicant suffered from broken glasses, a torn shirt, bruises to his head and left eye, several headaches and exacerbated back pain. On an emotional level, the Applicant suffered from depression, anxiety about driving, suicidal ideations and PTSD.
16The Applicant’s claim was supported with reports from Police, the Hospital and his Family Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $6,000.00.
17The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for massage therapy.
18The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to personal items/property/moving costs/financial debts. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to repairing his glasses and shirt.
Award
19The CICB orders payment as follows:
Section 7(1)(a) Expenses (Section 14 Award) $1,800.00
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD (AND COSTS) $7,800.00
Less: Section 14 Award – already paid/authorized $1,800.00
TOTAL CURRENT AWARD $6,000.00
20The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
Payment
21THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 26th day of May, 2017.
Jo-Anne Hughes, Member