Re 1512-01611, 2017 ONCICB 195

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes
Date: July 21, 2017
Indexed as: (Re) 1512-01611

ORDER

Preliminary Matter

1The Applicant, having been duly notified of the hearing, failed to attend. Pursuant to section 7 of the Statutory Powers Procedure Act, the CICB proceeded to hear this Application based on the documentary evidence filed with it.

Introduction

2In this case, the Applicant claimed that he was assaulted when he was at the [City] bus station.

3In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Incident

4In his submission to the CICB, the Applicant wrote while he was waiting for his bus at the bus station in [City], the Offender punched him in the head, chased him, tripped him and punched him about five more times. The Offender ran away and the Applicant called for help and an ambulance took him to hospital for treatment.

Evidence

Police Report

5The CICB received a report from [Name] Regional Police which confirmed the incident as described by the Applicant. Police also confirmed that the assault was unprovoked. Police described the Applicant’s injuries as a cut above his left eye, swollen left eyebrow, cheek and head. He also had scrapes on his knees. The Applicant identified the Offender with a description and by name.

6On [date], 2016, the Offender pled guilty, he was convicted of Assault and he received nine months of probation which included a no contact order with the Applicant.

Injuries

7The Applicant wrote that as a result of this incident, he had a split above his left eye, which was cleaned and dressed by a nurse at [Name] Hospital. A Doctor looked at his cut, prescribed advil for his bruised shoulder and hip - which happened when he was tripped by the Offender.

8Three weeks after the incident, the Applicant wrote that he was still having shoulder and hip pain and he has been having headaches every day. Also, the Applicant feared that the Offender would assault him again.

Medical Reports

9The CICB received a report from [Name] Hospital which confirmed the Applicant was punched four times the left side of his head which caused significant pain. He had a small laceration the left eye area and he had abrasions on his right knee and elbow. He was given Advil and released after being observed for a few hours.

Expenses

10In an April 2017 phone conversation with the CICB, the Applicant said he paid cash for massage therapy which he takes to help with pain. The CICB advised him to get the therapist to complete a Therapy Report for the CICB. As of the hearing date, no such report was received by the CICB.

11The Applicant submitted the following receipts for the CICB’s consideration: [Name] Massage in [City]:

June 5, 2016 $40.00
September 30, 2016 $60.00
March 24, 2017 $40.00

12Also, the Applicant sent a copy of the undated back side of ten $42.00 bus passes to support his Travel to Treatment claim.

Analysis and Decision

13Section 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 is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault.

14In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was punched and tripped by the Offender which caused pain and swelling of the left side of his head, a small cut near his left eye and bruises on his knee and elbow. Although there is no medical confirmation of injuries to the Applicant’s shoulder and hip and with ongoing pain to his head, the CICB accepts the Applicant’s claim that he feared a subsequent incident with the Offender.

15The Applicant’s claim was supported with Reports from Police and a Hospital. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $2,000.00.

16The CICB considered the expense claims submitted by the Applicant, for Massage Therapy which was supported by three receipts. The CICB generally requires supporting documentation for any expenses that are claimed, both to verify the amounts claimed and to confirm that such costs were related to the incident or treatment provided. In the absence of such evidence (specifically a Massage Therapy Report) and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for Massage Therapy.

17The CICB also considered the Applicant’s claim for Travel to Treatment with his ten bus pass receipts. This aspect of the Applicant’s claim is also denied due to lack of supporting documentation.

Award

18The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $2,000.00

TOTAL AWARD (AND COSTS) $2,000.00

19The 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

20THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $2,000.00