CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1210-90472
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 compensation for pain and suffering for the injuries that she sustained as a result of the assault committed against her, in the Province of Ontario. She is also requesting for future counselling costs.
DECISION
2The CICB approves the claim made by the Applicant, in relation to the assault committed against her by the Alleged Offenders and awards the Applicant the sum of $5,000.00 as compensation for pain and suffering, for the reasons set out below. The CICB also approves up to $1,000.00 for future counselling costs to be used within 36 months from the date of this Order.
ISSUES
3Pursuant to subsection 5 (a) of the Act, the CICB must determine on a balance of probabilities,
a) Whether a crime of violence occurred against the Applicant that caused her injuries; and if so;
b) The nature and extent of the injuries sustained;
c) Whether compensation should be awarded and if so, determine the amount;
d) Consider future counselling costs, as requested by the Applicant.
EVIDENCE
Written submissions
4In her Application before the CICB, the Applicant described that on [date], 2012 while she was working in her kitchen, three males in masks slammed open the door, forcibly entered her residence and assaulted her. They beat her up in the chest and shoulder area. One Alleged Offender twisted her arm, pushed her down on the ground and kicked her on the leg causing her unbearable pain. They blindfolded her, so she could not see anything and could not recognize who they were. They demanded money from her. One Alleged Offender started choking her with his hands. They stuffed a piece of cloth in her mouth, so she could not even cry for help. Despite that, whenever she tried to cry for help, they would beat her more. One Alleged Offender held her down while they were busy searching through her home looking for money and other valuable items. They also beat her grandson who was sleeping at the time. Before leaving her residence, they tied her up and left her lying on the ground in her own vomit.
5In her Application before the CICB, the Applicant described that after the assault, she was rushed to the hospital for treatment. She was advised at the hospital that she had a heart attack at the time of the incident. She felt a constant pain in her chest. As a result of the assault, now, she cannot do even simple things like cooking and cleaning; whereas prior to the assault, she used to do everything normally. She feels severely hurt in her chest, arms and shoulders. Her jaw hurts and every time she tries to eat, it hurts a lot. She feels unsafe even in her own home. She is fearful of another assault and that feeling makes her crazy, scared and paranoid. She gets recurring headaches. She experiences nightmares and flashbacks every now and then. She has developed sleep issues. The assault has changed her life. She does not feel happy anymore.
Police Report
6The Police questionnaire, on file, reports that
(…) on the [date], 2012, at approximately 1:30 p.m. [the Applicant] …were at their home. [The Applicant] heard someone enter their home via the front door. At this time, both [Applicants] were confronted by four suspects. The [Applicants] were bound and repeatedly assaulted. The suspects demanded money and jewellery and searched the home
ANALYSIS AND DECISION
7With respect to an incident of assault alleged by the Applicant to have occurred on [date] 2012, the fact that there has not been a conviction is not fatal to the Applicant’s claim.
8Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury or death.
Crime of Violence
9The CICB must determine on a balance of probabilities if the Applicant is a victim of violent crime under subsection 5(a) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990