CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1608-04551
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], 2014 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 Offender, a total stranger. The Applicant is also claiming for loss of income/wages, medical record cost, tuition fees and other miscellaneous expenses.
2The Offender pled guilty to assault causing bodily harm to the Applicant on [date], 2015 and was sentenced to 90 days intermittent, two years’ probation and a mandatory prohibition order for section 109 for 10 years.
Decision
3The CICB approves compensation to the Applicant in the sum of $9,000.00 for pain and suffering and $25.00 for Hospital Record 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 crimes of violence as proven through the conviction described above against the Offender. As a result, the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB shall make an assessment of the severity of injuries caused by the assault on the Applicant by the Offender;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount; and
The CICB is to determine whether the Applicant’s claim for loss of income/wages, hospital record cost, tuition fees and other miscellaneous expenses is reasonable within the scope of the Act.
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.
7During the early morning hours [date], 2014, the Applicant and the Offender were patrons of a local bar in the downtown area of the [City]. The Applicant had attended the bar with some of his friend socializing for the evening.
8At approximately 1:10 a.m., the Applicant was dancing with two of his friends on the stage area of the bar in front of the disc jockey. The Offender, who was nearby, became involved in a physical altercation with an unknown male. The Applicant and one of his friends observed the Offender assaulting the unknown male and attempted to intervene by speaking with the unknown male. However, the Offender, upon observing this, without provocation, delivered a single closed hand punch to the Applicant's face. The punch caused the Applicant to immediately fall to the ground, losing consciousness. The Offender then fled the bar.
9At the time of the assault, Police from the [Name] Police Service were working at the bar in a paid duty capacity and immediately came to the aid of the Applicant. Ambulance was called and the Applicant was removed to the [Name] Health Sciences Centre.
10From investigation and from witnesses who observed the assault, the Police quickly learned the identity of the perpetrator and subsequently arrested him for one count of aggravated assault.
11In addition to photographs of his injuries, the Applicant also provided the CICB various documents in support of his claim.
12The Applicant presented at [Name] Health Sciences Centre, emergency department, with noticeable facial fractures and orbital floor fracture, he also had swelling and bruising to his face. The Applicant was also complaining of left frontal headaches.
13The CICB was in receipt of Medical Reports from [Name] Health Sciences Centre which noted that the following surgical operation was performed on the Applicant on [date], 2014:
Open reduction and internal fixation of the left facial fractures. One plate was put on the infraorbital rim and one on the medial buttress;
The Applicant was discharged from the hospital the following day with instructions.
Injuries
Physical
14The Applicant noted in his Application to the CICB the following:
Broken nose;
Broken orbital bone;
Broken upper jaw;
Facial nerve damage
Loose teeth;
Facial numbness on left side;
Concussion;
Constant ringing in both ears;
White LED lights and driving at night with oncoming traffic is more difficult now due to migraines
Loud noises induce a migraine rapidly;
On-going headaches; and
Depression.
Psychological/Emotional
Trouble sleeping and relaxing;
Depressed mood;
Emotional roller coaster;
Affected his university schooling; and
Difficulty concentrating for a long period of time.
Analysis
15Section 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 aggravated assault, committed on [date], 2014, in the [City].
16Having 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 crimes of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
17The 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.
18In assessing compensation for pain and suffering, 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 not provoked;
That the Applicant was viciously attacked without warning as he was assisting a victim;
That medical/surgical intervention was required;
That the injury interrupted the Applicant’s university studies;
That the Applicant suffered both physical and psychological injuries;
That the assaulted had had a considerable impact of the Applicant’s health, relationship and general emotional well-being.
19Having considered these factors, the CICB now awards the Applicant $9,000.00 for pain and suffering.
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 tuition fees, financial loss due to dropped course, cost of changing airplane ticket or purchase of airplane ticket and other miscellaneous 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 above mentioned costs. It is the CICB’s usual practice to consider awarding income loss only in situations where an Applicant was actually employed at the time of the incident. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to make an award for income loss.
21Counsel has submitted a receipt in the amount of $25.00 for payment for hospital records from [Name] Health Sciences Centre. The CICB will reimburse this amount to counsel.
Award
22The CICB orders payment as follows:
Section 7(1) (d) Pain and Suffering $9,000.00
Section 22 Cost: Hospital records $ 25.00
TOTAL CURRENT AWARD $9,025.00
23The 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
24THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
Petrone Hornak Garofalo Mauro $ 25.00
DATED at Toronto this 14th day of August, 2017.
Keith Forde, Member