Re 1607-04128, 2017 ONCICB 224

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes

Date: August 14, 2017

Indexed as: (Re) 1607-04128

ORDER

Introduction

1In this case, the Applicant claimed he was assaulted on a street in [City] after a stranger, the Alleged Offender, took the Applicant’s bicycle and the Applicant confronted him.

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, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Incident

3In his July 2016 submission to the CICB, the Applicant wrote while visiting a friend at a furniture store, the Alleged Offender grabbed his bicycle from the front of the shop and ran away. The Applicant gave chase and hopped on a [transit] bus to keep up with the Alleged Offender. The Applicant jumped out at a red light, grabbed a hold of the bicycle and told the Alleged Offender that the bike belonged to him. The Alleged Offender punched the Applicant twice in the nose and fled on foot. The Applicant called 911 for police and an ambulance.

Police Report

4The CICB received a report from the [Name] Police Service in support of the Applicant’s claim. The Alleged Offender took the Applicant’s bicycle from the front of a furniture store and headed southbound on [Street] on the Applicant’s bicycle. The Applicant pursued the Alleged Offender in a [transit] bus and when they got to [Street], the Applicant jumped out and started struggling with the Alleged Offender over the bicycle. The Alleged Offender popped the Applicant five or six times in the face and fled on foot. The Applicant was taken to the hospital with a broken nose, cut lip and bruises on his face. Also, this incident aggravated the Applicant’s pre-existing heart condition.

5As a result of their investigation, Police arrested the Alleged Offender and charged him with robbery. The CICB has received no update on the status or disposition of this charge.

Injuries

6The Applicant was taken to the [Name] Hospital where they x-rayed his broken nose and kept him overnight because of his pre-existing heart condition. In the days following this incident, the Applicant felt depressed and in pain because of his broken nose. He had several discussions with Police and eventually the identified the Alleged Offender.

Medical Reports

7The CICB received several reports from the [Name] Hospital. Although the Applicant was experiencing symptoms which may have led to a myocardial infarction, doctors suspected his symptoms were likely induced by the stress of this incident.

8An x-ray revealed no fracture of the Applicant’s nose. He was released from Hospital with mild pain medication and instructions to return if his symptoms changed for the worse.

9The CICB received a Medical Report from the Applicant’s Physician, Dr.[Name] , who confirmed the Applicant had injuries to his face and nose as a result of this incident. The Applicant took counselling for ongoing PTSD, anxiety and depression. After the incident, the Applicant had ongoing breathing difficulty; he suffered from anxiety and sleep disorder.

10Also, the CICB received a Therapy Report from a Psychiatrist, Dr. [Name], who saw the Applicant for his PTSD, anxiety, stress disorder, fear, sleep disturbances, low energy, memory and concentration issues. The Applicant suffered from intense fear of a re-occurrence of this kind of incident, a feeling of helplessness, anxiety, nightmares and flashbacks for a period of six months following this incident. This Doctor noted that he had previously seen the Applicant to treat him for anxiety and depression which was not related to physical trauma. OHIP paid for the Applicant’s treatment and sessions with this Doctor.

Expenses

11In his submission to the CICB, the Applicant indicated that his hospital and treatment expenses were paid by another source.

12The Applicant also provided an invoice of $45.00 for an ambulance, but he provided no proof of payment of that invoice.

Analysis and Decision

13The fact that there has not been a conviction is not fatal to the 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 or death.

14The CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of assault and robbery, and therefore, a victim within the meaning of section 5(a) of the Act.

15In 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 had his bike stolen by the Alleged Offender and he was punched in the face a few times when he told the Alleged Offender to give it back.

16As a result, the Applicant was transported via ambulance to hospital for treatment of his bleeding nose and bruised face. As an existing heart patient, the Applicant was kept overnight for observation before being released from the hospital. The stress of this incident gave the Applicant symptoms that his pre-existing heart condition was going to seriously affect his health. Fortunately, that passed after several hours of rest. This incident exacerbated the Applicant's pre-existing anxiety and depression. Ongoing, he had difficulty breathing and he suffered from anxiety and sleep disorders for six months.

17The Applicant’s claim was supported with reports from Police, the [Hospital] and two Doctors. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $6,000.00.

18The CICB considered the Applicant’s claim in respect to emergency transportation costs, for which a receipt and other supporting documentation was provided. The CICB finds such a cost to be both reasonable and within the context of the Act and will therefore award $45.00 for such costs – payable directly to the [Name] Hospital.

Award

19The CICB orders payment as follows:

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

Section 7(1)(d) Pain and Suffering $6,000.00

TOTAL AWARD (AND COSTS): $6,045.00

20The 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

21THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $6,000.00

[Name] Hospital $ 45.00