CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1610-00199
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 as a result of physical assaults, by multiple Offenders that occurred on [date] 2014 where he sustained physical/psychological injuries. The incidents were reported to the Police and resulted in charges and convictions for all the Offenders as follows:
a. Offender 1 was convicted of assault cause bodily harm and breach of probation and was sentenced to 471 days in jail, 99 year OPS, 2 year probation, 67 days pre-sentence custody.
b. Offender 2 was convicted on charges of breach of probation and received 30 days custody and was ordered to pay a fine.
c. Offender 3 was convicted on charges of assault cause bodily harm and breach of probation. He was sentenced to 90 days jail term, 5 year OPS, 12 month probation.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $10,000.00 for the reasons set out below.
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: Police Report dated [date] 2016, Hospital Records from [Hospital], Medical Report dated [date], 2016 from Dr. [Name], Therapy Reports from Therapist [Name], and a Victim Impact Statement.
Police Report
6On [date] 2014 the Applicant was at the intersection of two streets in [City] when he met with the three Offenders who were strangers to him. A verbal exchange between the three males and the Applicant ensued at which point Offender 1 pushed the Applicant onto the sidewalks, followed by Offender 2 kicking him on his torso. The Applicant was punched several times on his face and one of the Offenders hit the Applicant on the head with a brick. Even as the Applicant tried to get up on his feet he was punched and kicked in the upper part of his body. The three Offenders then left the area. They were identified and consequently all three males were charged with assault cause bodily harm, assault with a weapon and breach of probation.
Hospital Report
7The ER Report notes the injury to the head and concussion and a CT Scan was ordered. The Scan showed a large hematoma over the left forehead and scalp as well as over the right parietal region.
Medical report
8The Doctor had referred the Applicant to various specialists. In his letter to the specialists he states that since the assault the Applicant has had difficulty with his vision in one eye and complaints of loss of memory, unable to retain information, constantly having to write things down and notes a general deterioration. He states that the Applicant complains of increasing ataxia, difficulty with fine motor skills and hearing difficulties since the assault. He notes a pre-existing condition of myocardial infraction, headaches and surgical intervention in this regard.
Therapy Report
9Report not completed.
Victim Impact Statement
10In his Victim Impact Statement the Applicant states that he has been on an emotional roller coaster since the incident. He is dependent on medication every day of his life to alleviate panic and anxiety attacks and require the counselling services of a therapist to help him emotionally. He struggles with his continuing educational courses, and is afraid of going to crowded places or travel in buses that are full capacity.
ANALYSIS AND DECISION
11Based upon the evidence provided and the Offenders' convictions in respect to the incident, the CICB is persuaded that the Applicant was a victim of an assault by multiple Offenders which caused him to suffer head injury, concussion, and emotional impact including panic and anxiety attacks, and fear of going out in crowded areas. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5 (a) of the Act in connection with the assault on him.
12In assessing pain and suffering the CICB has considered the unprovoked nature of the assault by multiple Offenders, the serious nature of the physical injuries, requiring medical intervention and the emotional impact of the same on him. In consideration of his victimization in the context of several aggravating factors, the CICB awards him $10,000.00 for pain and suffering.
13Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $2,400.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the time that the Applicant submitted his final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized amount described above.
AWARD
14The CICB orders payment as follows:
Subsection 7(1)(a) Future counseling $ 2,400.00
Subsection 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD $12,400.00
Less: Preauthorized treatment costs -$ 2,400.00
TOTAL CURRENT AWARD $10,000.00
PAYMENT
15THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
DATED at Toronto this 22nd day of June, 2017.
Veda Rangan, Member