(Re) 1601-02068, 2017 ONCICB 197

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde

Date: July 21, 2017

Indexed as: (Re) 1601-02068

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 aggravated assault, perpetrated by the Alleged Offender. The Applicant is also seeking reimbursement for ambulance cost.

2The Alleged Offender was charged with aggravated assault, weapons dangerous and carrying a conceal weapon. On [date], 2016, the Alleged Offender was found not criminally responsible for committing the aforementioned criminal charges.

Decision

3The CICB approves compensation to the Applicant in the amount of $8,000.00 for pain and suffering for the reasons set out below.

Issues

4The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence, but also that as a result of this crime of violence, he suffered an injury pursuant to section 5(a) of the Act;

• The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount; and

• The CICB must determine whether the Applicant’s claim for ambulance cost 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] Police Services correspondences to the CICB.

6The Applicant and the Alleged Offender were both members of a social club for seniors at [Avenue] in the [City].

7On [date], 2015, both the Applicant and the Alleged Offender attended the club. When the Applicant was leaving the club to go outside, he was attacked by the Alleged Offender who attempted to push the Applicant back inside the club. At this time, the Alleged Offender punched the Applicant on his head and swore at him in Vietnamese language. The Alleged Offender then stabbed the Applicant in his neck, head and upper chest with a knife. A witness to the crime intervened and pushed the Applicant out of the reach of the Alleged Offender.

8Police were called to the scene and the Alleged Offender was arrested and charged accordingly.

9The Applicant also provided the CICB various documents in support of his claim.

10The CICB was in receipt of a Medical Report from [Name] Hospital which noted that the Applicant presented with a stab wound to the left side of his neck which was about one inch deep and bleeding and abrasion across eye and left cheek. The Applicant was examined, treated and released with instructions.

11The CICB was in receipt of a Medical Report from the Applicant’s Family Physician, Dr. [Name] who noted that the Applicant had a stab wound to the left side of his face and neck.

Injuries

Physical

12The Applicant notified the CICB in his Application of the following:

• one inch wide stabbing to left neck;

• abrasion across left eyelid and left cheek;

• scar wound from left eye across face, down to neck and chest -area was painful to touch;

• felt tingles going up neck to the tip of his ear;

• scar on left upper chest and shoulder area;

• scar on the base of back of head from stabbing to head chronic left neck pain;

• chronic sensory loss to left auricle to touch.

Psychological/Emotional

13After the assault, the Applicant suffered from nightmares. Scared of seeing the Alleged Offender and felt more fearful in his surroundings.

Analysis

14The fact that there has not been a conviction does not mean a denial of this Applicant’s claim. Section 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. The CICB must determine whether the Applicant was the victim of a crime of violence when the Alleged Offender viciously attacked him without provocation.

15In this matter, the Applicant alleges that he was assaulted by the Alleged Offender on one occasion as he was leaving the social club both of them attended and were members of. The CICB finds this to be the case on a balance of probabilities.

16The brutal assault on the Applicant was observed by a witness who pushed the Applicant away from the Alleged Offender as he was being assaulted. Police investigation also showed that the assault was unprovoked and the entire incident was captured on video. The motive of the crime was never determined as the Alleged Offender was found not criminally responsible for the act.

17For the reasons detailed above, the CICB is persuaded that the Applicant was a victim of a crime of violence, specifically, the crime of aggravated assault which caused physical and emotional/psychological injuries to the Applicant. The CICB therefore concludes that the Applicant is a victim under section 5(a) of the Act and is entitled to compensation.

18In assessing compensation for pain and suffering, the CICB has considered all of the documentary evidence that was presented. The CICB was mindful of the circumstances of this incident and the physical and emotional injuries suffered by the Applicant and considered the following aggravating facts:

• That the incident was unprovoked;

• That a weapon was used in the commission of a crime;

• That the Applicant received serious physical injuries;

• That medical intervention was required;

• The impact on the Applicant’s current health, relationships and general and emotional psychological state.

19Having considered these factors, the CICB now awards the Applicant $8,000.00 for pain and suffering.

20The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount 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 claims for ambulance costs.

Award

21The CICB orders payment as follows:

Section 7(1) (d) Pain and Suffering $8,000.00

TOTAL CURRENT AWARD $8,000.00

22The 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

23THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $8,000.00