CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Christie Jefferson
Indexed as: (Re) 1602-02647
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking pain and suffering for assault with a weapon that occurred on [date], 2014 where he sustained physical/psychological injuries. The incidents were reported to the Police and resulted in the Offender being convicted of assault with a weapon.
DECISION
2The CICB approves the claim for the reasons set out below. The CICB is awarding $12,000.00 for pain and suffering as a result of the attack, as well as $400.00 towards his legal costs.
ISSUES
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: a Police Report, Hospital Records and a medical follow up report as well as submissions from his lawyer. The Police Report confirms that the Applicant and Offender had known each of for forty years through the [Name] Association Club. On the date in question, the Offender walked past the washroom and went out into the parking lot where he had urinated before such that the Applicant had already talked to him about this behaviour. The Applicant went into the lot and saw the Offender urinating and asked him to stop. At this point, the Offender pulled out a knife and stabbed the Applicant in the left side of his chest and left side of his stomach. The Offender fled after the Applicant managed to disarm him and later was found guilty of assault with a weapon. The Offender has paid the Applicant $170.00 in restitution.
6Hospital documentation indicates that the Applicant was in Hospital for two days. He underwent a CT scan which showed the upper chest wound was not deep, but the lower abdominal stab wound was deeper to the point where he was kept in for observation after both wounds were sutured. The Report notes that he was not on any medications and had no medical or surgical history upon admission. A follow up appointment indicates he was healing well and so the sutures were removed and the wounds cleaned.
7The Applicant’s lawyer indicates that before the stabbing, the Applicant was healthy, medication free, and engaged in home maintenance of all kinds as well as providing care for his wife. After the incident, he has been unable to do even the most basic chores. He has had a quadruple hernia and is now on blood pressure medications. He has severe functional limitations. Due to swelling of his stomach area, the victim had trouble sleeping on his left side, bending to put on shoes or socks and has significant scars. Photos of the injuries have been provided. He has had two surgeries and been diagnosed with advanced lung cancer.
ANALYSIS AND DECISION
8For the following reasons the CICB grants $12,000.00 for pain and suffering as a result of the assault with a weapon. The CICB considered that the Applicant was subjected to an unprovoked assault which involved use of a weapon in such a way that he could have easily had life threatening injuries. An attack with a weapon on a [elderly] unarmed man was considered an aggravating factor. Photos clearly show the upper left chest stab wound was near his heart, and he came close to having serious injury to internal organs from the stab wound to his lower abdomen. While his wounds healed, the Applicant’s health quickly deteriorated. The CICB is aware of other serious physical challenges since this incident, but accepts that multiple stab wounds of the then [age] Applicant significantly affected his health, well being and mobility. The Hospital Report noted he had no medical or surgical history and was not on medication before the stabbing. Afterwards, he had significant difficulties with his ability to sleep, bend down, walk any distance and he developed a quadruple hernia. He was put on blood pressure medication.
9The CICB is also making a contribution of $400.00 to legal costs payable to Robert Wasserman.
AWARD
10The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $12,000.00
Section 22 Costs: Contribution to legal fees $ 400.00
TOTAL AWARD $12,400.00
PAYMENT
11THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $12,000.00
Wasserman Law Firm $ 400.00
DATED at Toronto this 16th day of June, 2017.
Christie Jefferson, Vice Chair