(Re) 1610-00259, 2017 ONCICB 212

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes
Date: July 31, 2017
Indexed as: (Re) 1610-00259

ORDER

Introduction

1In this case, the Applicant submitted a claim on behalf of the Victim who was assaulted by an unknown male on a street in [City].

2In 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, rose from it; and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Incident

3In his October 2016 submission to the CICB, the Applicant wrote that the Victim was assaulted on a street in [City] by being pushed to the ground and kicked in the face.

Police Report

4The CICB received several reports from the [Name] Police Service, who were called two days after this incident when the Victim reported that he had been assaulted. Police made several attempts to identify the assailant, but the Victim was a poor historian and he kept changing his description of the person whom he suspected of attacking him.

5Police had the Victim try to identify his assailant from a line-up, but he was unable to identify the suspect, so the case was dropped.

Injuries

6The Victim went to the [Name] General Hospital for treatment, and then he was transferred to [Name] Hospital in [City] for left eye surgery on the date of the incident. The Victim’s eye did not recover so in a second surgery, 17 days later, where he received a “porcelain” right eye globe.

7The Victim reported that he has on-going pain in his eye and he has difficulty managing his porcelain eye and loses it often. On an emotional level, the Victim suffers from hallucinations, depression, nightmares and PTSD.

8Overall, this injury has had a significant impact on the Victim’s life as simple tasks such as making a phone call, crossing the street or engaging socially are now very difficult as a result of losing his eye.

9In his Victim Impact Statement to the court, the Victim wrote that since the incident he has had a great deal of difficulty as he has vision problems in his remaining (left) eye. Sometimes both eyes hurt. He used to play baseball but cannot do that anymore. He occasionally bangs into things and people which he cannot see because of his missing eye.

10The Victim also wrote that he fears he may be attacked again near his bank, so he takes a different route and time to go there. Sometimes he can’t sleep because of nightmares about this incident.

Medical Reports

11The CICB received reports from [Name] Health Care which confirmed the Victim’s surgery to repair then replace his right eye. Doctors also noted that due to the significant trauma of his right eye, the Victim may also lose vision in his left eye.

12Of historical note, from Dr .[Name], the Victim was diagnosed with developmental delay as a child and has a history of depression and schizophrenia as an adult and is supported by ODSP. Doctors noted the Victim hears voices and “it got worse after the assault”. He describes symptoms of PTSD, flashbacks, nightmares, a heightened sense of arousal and he feels he is in constant danger.

Expenses

13In his submission to the CICB, the Applicant reported that the Public Guardian and Trustee (PGT) incurred expenses of $178.00 to obtain medical and police records. The CICB received copies of receipts which showed $40.00 for medical records from Dr. [Name] and $138.00 for [Name] Police Records.

14The Applicant asked the CICB to consider the PGT’s costs of $870.10 (receipt included) to submit this Application on behalf of the Victim.

Analysis and Decision

15The fact that there has not been a conviction is not fatal to the Victim’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 or death.

16Considering the evidence presented, the CICB finds the Victim, on a balance of probabilities, to be a victim of a crime of assault causing bodily harm, and therefore, a victim within the meaning of section 5(a) of the Act.

17In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Victim. In this case, the Victim was assaulted by an unknown person on the street. As a result, the Victim suffered from trauma to his head which led to treatment in hospital and two eye surgeries and the loss of his right eye. The Victim reported that he suffers from occasional pain in both of his eyes and due to reduced vision in his left eye, he has had a number of struggles with day- to-day living. On an emotional level, the Victim suffers from flashbacks, nightmares, symptoms of PTSD and he fears that this may happen to him again.

18The Victim’s claim was supported with reports from police, two hospitals and a doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $8,000.00.

19The CICB considered the expense claims submitted by the Applicant, which totaled approximately $178.00. The CICB will reimburse $40.00 for the Medical Report which is consistent with their current practice. However, since the CICB is never charged for police reports, it declines the opportunity to pay the PGT for their police report expense.

20The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to personal items, property, moving costs, financial debts or legal expenses. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to the legal costs associated with work on behalf of the Victim by the PGT.

Award

21The CICB orders payment as follows:

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

Section 22 Costs $ 40.00

TOTAL AWARD (AND COSTS) $8,040.00

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 Office of the Public Guardian and Trustee
for the benefit of the Victim $8,000.00

The Office of the Public Guardian and Trustee $ 40.00