(Re) 1604-03202, 2017 ONCICB 205

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde

Date: July 27, 2017

Indexed as: (Re) 1604-03202

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 October 23, 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 causing bodily harm, perpetrated by the Offender, a stranger. The Applicant is also seeking reimbursement for loss of income/wages and ambulance expenses.

2The Offender pled guilty to assault causing bodily harm. The CICB was not in receipt of the results of the sentencing of the Offender.

Decision

3The CICB approves compensation to the Applicant in the amount of $9,000.00 for pain and suffering and $3,000.00 for loss of income/wages and $45.00 for ambulance costs 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 loss of income/wages and ambulance 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] Police Services correspondences to the CICB.

6The Applicant and the Offender were not known to each other.

7On [date] 2015, at approximately 1:00 a.m. the Applicant and the Offender were both at a local bar in the [City]. The Applicant was having a drink with a friend when they were approached by the Offender who introduced himself as "Jordan". The Applicant introduced himself and they began a conversation. Throughout the conversation the Offender mentioned the Applicant's friend's jacket several times. Initially the Applicant believed the Offender was interested in the jacket due to his fashion sense; however, the Offender's comments became insulting toward the Applicant's friend about his jacket. The Applicant advised the Offender that if he was going to be rude, they should part ways.

8Without warning, the Offender then struck the Applicant in the face with a glass object. The Offender caught the Applicant completely off guard and continued attempting to strike the Applicant after the initial blow. Employees of the bar immediately intervened and broke up the altercation. The Offender was escorted out of the bar.

9Police and the ambulance were called to respond due to the Applicant's injuries. The ambulance arrived first on scene and transported the Applicant to [Name] Health Sciences Centre. Police officers attended the Hospital and obtained a statement regarding the incident.

10The Police officers attended the bar and viewed the video surveillance of the incident, which corroborated the Applicant's statement, that he was attacked without provocation with a glass object. The Police officers also seized a [name] bank card from bar staff who advised that the male responsible for the assault had started a tab at the bar and left his bank card, as well as the name "Jordan". A copy of the video surveillance was also obtained from the bar.

11The Police investigator’s report to the CICB noted that the Applicant received laceration to his face requiring 7 stitches, possible nerve damage to face, suffered a seizure while in Hospital recovering, emotional damage.

12As a result of the Police investigation, the Offender was positively identified, arrested and charged accordingly.

13The Applicant also provided the CICB various documents in support of his claim.

14The CICB was in receipt of numerous medical reports from [Name] Health Sciences, which noted the following: the Applicant presented with facial trauma, a right cheek laceration, pain to right foot, tender right mandible, headaches and visual and hearing changes.

15While still in the emergency room of the [Hospital], the Applicant suffered two episodes of generalized tonic-clonic seizures.

16The CICB was in receipt of a Medical Report from Neurologist, Dr. [Name] who noted that the Applicant presented with lacerations to left forehead and to right cheek.

17The CICB was also in receipt of a Medical Report from the Applicant’s Family Physician, Dr. [Name] who presented at her office with head trauma.

18The CICB was in receipt of a Medical Report from a Neurologist, Dr. [Name] who noted the following in part:

Since then, he has had no recurrence of seizures. He has no risk factors for epilepsy in the form of prior CNS trauma, CNS infections or febrile seizures. There is no family history of epilepsy. His birth and development have been unremarkable. He is currently not on any medications.

Injuries

Physical

19The Applicant noted to the CICB in his Application of the following:

• Laceration to right cheek under right eye requiring seven stitches to close;
• Sprained right foot;
• Seizure in Hospital due to shock and blood loss;
• Headaches;
• Short term memory loss;
• Speech impediment; and
• Now walking with a limp.

Psychological/Emotional

• Anxiety;
• Does not socialize anymore;
• Embarrassed about scar on face;
• Permanent reminder of assault;
• Ashamed; and
• Withdrawn.

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 causing bodily harm, committed on [date], 2015, in the [City].

21Having considered the evidence presented in the Applicant’s Application and the Police information, the CICB is persuaded that the Applicant suffered physical and psychological injuries as a result of a crime 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 assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the police synopsis as well as the medical reports on file. The CICB was mindful of the circumstances of this incident and the physical and psychological injuries suffered by the Applicant and considered the following aggravated facts:

• That the assault was unprovoked;
• The nature of the assault;
• That a weapon was used in the commission of a crime;
• That the Applicant received both physical and psychological injuries;
• That the Applicant was hospitalized until [date], 2017;
• The treatment required after the assault;
• That the assault had a considerable impact on the Applicant’s day to day well-being.

24Having considered these factors, the CICB now awards the Applicant $9,000.00.

25The 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 the Applicant $45.00 for such costs, paid to the [Name] Health Sciences Centre.

26The CICB has considered the Applicant’s claim in respect to loss of income/wages. Since the evidence indicates that the Applicant was self-employed and was hospitalized for a period of time. The Applicant was unable to work from [date], 2015 to [date], 2016. His driver’s licence was suspended as a result of his head trauma and resulting seizures. His Physician confirmed that the licence was reinstated after his last tests in February 2016. Under these circumstances the CICB finds it reasonable to award a contribution of $3,000.00 for loss of income/wages.

Award

27The CICB orders payment as follows:

Section 7 (1) (a) Ambulance costs $ 45.00

Section 7(1) (b) Income Loss $ 3,000.00

Section 7(1) (d) Pain and Suffering $ 9,000.00

TOTAL CURRENT AWARD $12,045.00

28The 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

29THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $12,000.00

[Name] Health Sciences Centre $ 45.00