CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1601-02290
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 medical expenses, pain and suffering as a result of physical assaults that occurred on [date], 2015 where he sustained physical/psychological injuries. The incidents were reported to the police and resulted in Offender 1 being charged with assault cause bodily harm, robbery, forcible confinement, assault with a weapon (x2), kidnapping and he pled guilty on charges of assault causing bodily harm, and theft.
2Offender 2 was charged with possession stolen property, failure to comply probation, assault cause bodily harm, robbery, forcible confinement, assault with a weapon (x2), kidnapping and he pled guilty on charges of assault causing bodily harm and theft.
DECISION
3The CICB approves the claim for pain and suffering and awards the Applicant the sum of $8,000.00 for the reasons set out below.
ISSUES
4A 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.
5The Applicant must provide reliable evidence to support his claims for:
a. expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the Act. The Applicant is claiming $45.00 for cost of an ambulance fee.
HEARING
6The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
7The CICB received the following documents with respect to the claim: Police Report dated [date], 2016, Hospital Records from [Name] Health System, Medical Report from [Name] Medical Centre, Family Physician, and submissions from the Applicant’s representative.
Police Report
8On [date], 2015 Offenders 1 and 2, attended the Applicant’s residence through rear door of the residence and were greeted by the Applicant. He opened the door for the female Offender unaware that the male Offender was waiting. Once he opened the door, the Offenders pushed their way into the kitchen and immediately began punching the Applicant in his face. He was struck numerous times by both the Offenders in facial area. One of the punches connected with his nose which resulted in bleeding, bruising and swelling of the nose. The Offenders continued assaulting the Applicant for hours while inside his residence. They vandalised the Applicant’s residence in search for drugs and money. At one point when the Applicant tried to escape the Offenders grabbed him back and forcibly confined him. The Offender struck him on the head using an aluminium baseball bat. He sustained bruises to his head. The Applicant was also jabbed in the stomach with an edged weapon. The weapon connected with his arm resulting in a cut 2 inches in length. The Offenders took him by force to the bank and made him withdraw $1600.00.
9The Applicant was forced to go to his Doctor’s office and ask him to fill prescription for narcotics. The Doctor was unable to fit him into the schedule. Upon being denied an appointment the Offenders told him they were taking him to a motel and they would all wait there until the Applicant could attend the appointment the next day.
10When they arrived at the motel the Applicant escaped and was able to drive out of the parking lot at a very high rate of speed. A 911 call was placed and on their arrival he was taken to the Hospital to seek medical attention in regards to his injuries as result of the assault. The Applicant was able to identify the suspects who were arrested and charged by the Police.
Hospital Report
11The Hospital Report notes lacerations on the face, swollen face, dry blood on chest and abdomen, and top of the head. No fractures were noted.
Letter from [Name] Medical Centre
12The consulting Physician states that based on the danger the Applicant had brought to the [Name] Medical Centre physicians, staff and patients he is of the opinion that the Applicant has breached the patient-physician relationship and that it is no longer mutually respectful or trusting. As a result the Doctor states that he would not be providing the Applicant with medical care after [date] 2015.
Submissions from Legal Representative
13The Applicant’s representative details the incidents of harm perpetrated by multiple Offenders and the resulting injuries arising from these assaults. The physical injuries noted are cuts, contusions and swelling from being struck in the head with a baseball bat, cuts and bruising on his nose and face from being punched multiple times and cuts on arms from grabbing at the knife trying to stop from being stabbed. Emotionally the Applicant has not been able to sleep at night time. He only sleeps during the day and suffers from nightmares and flashbacks and is often hyper vigilant. He has difficulty trusting people because of the fact that the female Offender was the daughter of a close friend. In addition he has also lost the services of his doctor and has not been able to find a replacement for him.
ANALYSIS AND DECISION
14For the following reasons the CICB grants the Application.
15Based upon the evidence provided and the Offenders' convictions in respect to the incident, the CICB is persuaded that the Applicant was a victim of robbery which caused him to suffer physical injury requiring medical intervention and profound emotional impact that plagues even today. He continues to live in fear of the Offenders and the lack of a family physician has resulted in slow recovery of his physical injuries. 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 robbery at his family’s home.
16In arriving at its award for pain and suffering, the CICB has considered: the nature of the incident – involving a robbery by armed assailants who assaulted him, forcibly confined him and assaulted him with a weapon causing bodily harm. The CICB has also considered the nature of the Applicant’s physical injuries and the nature and extent of the Applicant’s emotional injuries. In this regard, the CICB assesses compensation for pain and suffering in the amount of $8,000.00.
Expense Claims – Denied – No Receipts
17The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amounts 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 claim for ambulance fee for $45.00.
18Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $1,200.00 (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
19The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
Subsection 7(1)(d) Pain and Suffering $8,000.00
TOTAL AWARD $9,200.00
Less: Preauthorized treatment costs -$1,200.00
TOTAL CURRENT AWARD $8,000.00
PAYMENT
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $8,000.00
DATED at Toronto this 13th day of July, 2017.
Veda Rangan, Member