CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1608-04471
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2015, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of assault with a weapon, perpetrated by the Offender and the Alleged Offender. The Applicant is also seeking reimbursement for ambulance, chiropractic and dental treatment costs and future dental treatment costs.
2The Offender was convicted of assault with a weapon and sentenced to 90 days in custody, two years’ probation, a DNA order was made, 5 years s.110 weapons prohibition. The Alleged Offender remains at large.
Decision
3The CICB approves compensation to the Applicant in the amount of $9,000.00 for pain and suffering, $155.00 for chiropractic expense, $324.00 for dental expense, $1,000.00 for future dental expense, and $1,000.00 for future therapy as per section 14 and $45.00 for ambulance cost to be paid to [Name] Hospital for the reasons set out below.
Issues
4In this case, with respect to section 5(a) of the Act; there is no question that the Applicant was a victim of a crime of violence as proven through the conviction described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount;
The CICB must determine whether the claim for ambulance, chiropractic and dental expenses and future dental expenses is supported.
Evidence
The Applicant’s Evidence
5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the [Name] Regional Police Services correspondences to the CICB.
6On [date], 2015 the Offender and the Alleged Offender were present for a going away party at an address at [Name] Street, in [City]. There were several people in attendance in the back yard party and in the house; including the Applicant. All party attendees were consuming alcoholic beverages. The party continued into the next day and was beginning to come to an end around 5:00 am on [date], 2015.
7At this time the Offender began to have a verbal argument with the Applicant over who was present in the yard. The Offender became enraged and pushed the Applicant onto the ground from the lawn chair he was seated on and a physical fight ensued began between the Offender and the Applicant. It was at this time that the Offender’s friend intervened. The Alleged Offender placed the Applicant in a choke hold without provocation.
8The Offender left the back yard party and attended the neighbour's house, took a spade style shovel from the porch area. The Applicant was still upset and ran to the side of the house where he was met by the Offender who struck him in the head with the shovel once dropping him to his knees and then a second time centered on his head causing severe lacerations and rendering him semi loss of consciousness.
9The Offender then ran into the rear of [Name] Street where he dumped the shovel into the rear yard. The Offender then fled the scene prior to police arrival and was not located after an extensive search.
10The Applicant was transported to [Name] Hospital by ambulance where he was examined and signed himself out without treatment.
11On [date], 2015, police investigators conducted a follow up video interview with the Applicant, where he corroborated evidence obtained. It was determined that the Applicant had suffered a severe concussion, the two lacerations had been stitched with a total of 12 stitches, and his front tooth was chipped.
12The Police subsequently arrested the Offender on [date], 2015, when he was charged accordingly.
13The Applicant also provided the CICB with various documents in support of his claim including photographs of his injuries.
14The CICB was in receipt of a Dental Report from Dr. [Name] of [Clinic] who noted that the Applicant's tooth # 11 the one that was fractured in 2012 and was vulnerable to fracture due to the root canal. The Dentist noted that tooth # 11 was fractured and sore and possibly pushed back. The Dentist also provided the CICB with two estimates to fix the Applicant fractured tooth.
15The CICB was also in receipt of a Medical Report from [Name] Hospital which noted the Applicant presented with two gaping lacerations to his head and that he had been drinking and admitted to also smoking marijuana. The Applicant also complained that his front tooth felt loose.
16Because of the wait time, the Applicant became belligerent and began swearing at the hospital staff. He eventually signed himself out after several attempts by hospital staff to persuade him not to do so.
17The CICB was in receipt of a Medical Report from [Name] Hospital where he presented in the early afternoon of [date], 2015 with the above described head injuries. The Applicant was examined, treated and released with instructions.
18The CICB was also in receipt of a medical report from the Applicant’s Family Physician, Dr. [Name] who noted that the Applicant presented at his office with lacerations to his head. [Family Physician] recommended the Applicant see a concussion specialist.
Injuries
Physical
19The Applicant notified the CICB in his Application of the following injuries:
Severe concussion;
Difficulty focusing;
Blurred vision;
Ringing in the ears;
Memory loss;
Fatigue;
Permanent scars to head;
Pain around scars;
Headaches;
Dizziness;
Fractured front tooth;
Scalp lacerations; and
Multiple abrasions.
Psychological/Emotional
Anxiety;
Hypervigilance;
Nervousness when socializing or out with friends;
Life changed for the worse;
Fear for own safety;
Mentally incapable;
Feeling of anger;
Trust issues;
Failed by system;
When Applicant looks in the mirror, it reminds him of the assault;
Disorganised thoughts; and
Self-conscious.
Analysis
20Section 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 was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault with a weapon, committed [date], 2015, in [City].
21Having considered the evidence presented in the Applicant’s Application and the Police information, the CICB is persuaded that the Applicant suffered physical injuries as a result of crimes of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
22The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s physical and ongoing psychological injuries.
23In arriving at an award for pain and suffering, the CICB considered the unprovoked nature of the assault; the extent of the physical injuries sustained requiring medical intervention; the associated period of recovery; the ongoing emotional impact of the assault upon the Applicant and the considerable impact the incident has had on the Applicant’s health, relationship and general well-being. Having considered all of these factors, the CICB assesses compensation for pain and suffering in the amount of $9,000.00.
24On September 8, 2016, pursuant to Section 7(1) (a) of the Act, the CICB pre-authorized future payment in the amount of $1,000.00 to an approved treatment provider. The CICB is leaving this order in effect and extending the period of the therapy sessions to be completed to 36 months of receipt of this Order.
25The CICB considered the Applicant’s claim in respect to dental and chiropractic expenses, for which receipts was provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $324.00 for dental and $155.00 for chiropractic expenses for a total of $479.00.
26The CICB authorizes [Clinic] Dentistry [Dentist] to provide dental treatment to the Applicant at a cost of $1,000.00 for such treatment. The total cost of this treatment is not to exceed $1,000.00. Payment will be made directly to [Clinic] upon submission of an invoice and the required verification from the Applicant. Please note this authorization is effective from the date of this Order. As per estimate recommending a crown on tooth #11.
27The CICB considered the Applicant’s claim in respect to ambulance costs, for which a receipt provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $45.00 for such costs, to be paid to [Name] Hospital.
Award
28The CICB orders payment as follows:
Section 7(1) (a) Expenses (Section 14 Award) $ 1,000.00
Section 7(1) (a) Dental, Chiropractic & ambulance $ 504.00
Section 7(1) (a) Future Pre-Authorized dental $ 1,000.00
Section 7(1) (d) Pain and Suffering $ 9,000.00
TOTAL AWARD (AND COSTS) $11,524.00
Less: Section 14 Award – already paid/authorized $ 1,000.00
Less: Preauthorized dental treatment costs $ 1,000.00
TOTAL CURRENT AWARD $ 9,524.00
29The 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
30THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,479.00
[Name] Hospital $ 45.00
DATED at Toronto this 29th day of June, 2017.
Keith Forde, Member