CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Dawn Sullivan
Indexed as: (Re) 1603-02925
ORDER
Introduction
1The Applicant brings forth this claim for pain and suffering, expenses, and loss of income in regards to injuries he sustained while in the course and scope of his duties as a Police Officer.
Issue
2Alleged Offender 1 was fatally wounded in connection with this incident and accordingly, was not charged by police. The charges in connection to Alleged Offender 2 are currently before the courts. The Applicant must prove, on a balance of probabilities, that his injury was sustained as a result of a crime of violence pursuant to section 5 of the Compensation for Victims of Crime Act, RSO 1990, c.C.24 (the “Act”).
Analysis and Decision
3Documentation on file indicates that on [date], 2015, the Applicant, along with two other officers, attended the residence of the Alleged Offenders in response to reports that they had threatened a neighbour. Alleged Offender 1 was advised that he and his mother, Alleged Offender 2, were under arrest. Alleged Offender 1 became extremely confrontational and displayed signs of aggression. Alleged Offender 1 began to violently struggle with officers as they attempted to place him under arrest. The struggle moved from the front of the residence to the front yard. Alleged Offender 2 exited her residence with a frying pan and began to strike the Applicant and another officer.
4The Applicant indicates that he then turned his attention to Alleged Offender 2 and attempted to place her under arrest. She resisted and kicked and punched at the Applicant. As the Applicant continued to struggle with Alleged Offender 2, Alleged Offender 1 broke free from officers and fled the scene. Alleged Offender 1 quickly returned to the scene and the Applicant observed him to be holding a knife in his right hand. Alleged Offender 1 ignored repeated demands he drop the knife and charged towards a fellow officer. The Applicant and another officer discharged their firearms. The Applicant was shot in the back by another officer’s fire. He was able to successfully place Alleged Offender 2 under arrest.
5The Applicant was transported to hospital by ambulance. According to EMS, the bullet was retrieved from the Applicant’s protective vest on scene. Records indicate the Applicant complained of left hand pain and mid-back pain. He was in some discomfort but no acute distress. He presented with an abrasion, swelling and bruising to his upper back and an 8 mm left palmar laceration. Evaluation of the left hand revealed no tendon abnormalities. The laceration was infiltrated and closed with sutures. He was discharged with a prescription for Percocet and Keflex.
6The Applicant indicates he sustained tendon and nerve damage to his left hand as a result of being stabbed.
7On [date], 2015, the Applicant was diagnosed with a left palm laceration, hyperextension injury to his right wrist with residual third OMC joint pain. At that time he was referred to an 8-week rehabilitation program. The Applicant indicates he suffers from chronic pain, numbness, and swelling in the both hands and diminished strength and range of motion. He noted that a recent MRI of his right hand has demonstrated a tendon shift and may require surgery. In addition to the injuries to his hands, the Applicant struggles with rib and lower back pain, a permanent scar on his back, and pain and discomfort to his shoulders, wrists, forearms, and upper body. He has been required to participate in physiotherapy, acupuncture, and massage therapy. In addition to the physical injuries, the Applicant has struggled with anxiety, stress, and symptoms of post-traumatic stress disorder, including nightmares and sleep disturbances.
Where any person is injured or killed by an act or omission in Ontario of any other person occurring in or resulting from,
the commission of a crime of violence constituting an offence against the Criminal Code (Canada), including poisoning, arson, criminal negligence and an offence under section 86 of that Act but not including an offence involving the use or operation of a motor vehicle other than assault by means of a motor vehicle;
lawfully arresting or attempting to arrest an offender or suspected offender for an offence against a person other than the applicant or his or her dependant or against such person’s property, or assisting a peace officer in executing his or her law enforcement duties; or
preventing or attempted to prevent the commission of an offence or suspected offence against a person other than the applicant or his or her dependant or against such person’s property.
9Based on a preponderance of the evidence, I find the Applicant is a victim within the meaning of section 5(a) of the Act. In assessing compensation for pain and suffering, I have considered the physical injuries as noted above along with the impact this incident has had, and continues to have upon the Applicant’s health, productivity, sense of safety, quality of life, and overall well-being. I have also taken into consideration the nature of the incident, including the fact the Applicant was injured with a weapon while in the course and scope of his employment as a police officer. Having considered these factors, the CICB awards the Applicant $8,000.00 for pain and suffering.
10Pursuant to section 17(3) of the Act, the CICB shall take into consideration benefits paid to the Applicant in connection to this matter. Accordingly, his claims for medical expenses and loss of income are denied as he received benefits through Workplace Safety and Insurance Board (“WSIB”).
Award
11The CICB now orders payment as follows:
Section 7(1)(d) Pain and Suffering $8,000.00
TOTAL ORDERED AT THIS HEARING: $8,000.00
Payment
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $8,000.00
DATED at Toronto this 7th day of February, 2017.
Dawn Sullivan