CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Pamela Arnott
Indexed as: (Re) 1609-04752
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking pain and suffering as a result of physical assault that occurred on [date], 2015 where she sustained psychological injuries. The incidents were reported to the Police and resulted in conviction of the Offender.
DECISION
2The CICB approves and awards the Applicant the sum of $600.00 for the reasons set out below.
ISSUES
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injuries are the result of the crime pursuant to subsection 5(a) of the Act.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Evidence
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report dated [date], 2017, letter of support dated March 3, 2017, a letter to the CICB from the Applicant dated September 5, 2016, the court subpoena to the Applicant and the Application form.
6The Applicant indicated that she passed a car to her right side on her way to work which was turning right into a driveway. She made one stop before arriving at her workplace and as she backed into her parking space, the car she had previously passed pulled in front of her. The Offender got out and opened the Applicant’s vehicle door. He swore and threatened the Applicant. She grabbed her door and closed it. The Offender re-opened the door to spit on the Applicant. The Applicant closed the door again and locked it. The Offender banged on the window before leaving. The Applicant drove her vehicle away.
7The Police Report was consistent with her explanation of the events. The Police interviewed one witness in order to substantiate their report. The Offender was convicted of two counts: assault and uttering threats. The Offender received a 60 day conditional sentence, a 3 year probation order, a firearms prohibition order and a victim surcharge.
8In regards to her injuries, the Applicant indicated that she quit her job after the incident as the Offender lived close to the school. Her letter and that of her father indicated that her personality has changed since the incident, including restricting her social life and contacts with family, showing anxiety, anger and depression, and expressing fears for her safety. Her father also reports that she attempted suicide and has lost weight.
9The CICB notes that the Applicant indicated that the Offender was the father of a person who attended the same school class as the Applicant. The CICB also notes the size of the [Village].
ANALYSIS AND DECISION
10For the following reasons the CICB will grant compensation.
11Although it is clear that the Applicant was the victim of violent crime as defined in section 5 of the Act, the CICB was provided with minimal information about the injuries sustained by the Applicant. The CICB therefore was limited insofar as assessing the severity of the injuries directly related to the incidents. Notwithstanding the CICB is willing to accept that the incidents had some emotional impact upon the Applicant.
12The CICB accepts the Applicant’s explanation of her anxiety, hyper-vigilance, depression and anger arising out of the incident. The CICB notes that these were self-reported injuries and not medical diagnoses.
13The Applicant did not provide any information in her Application about the more serious injuries noted in the letter of support from her father. The CICB is not able to find that the serious injuries noted in the father’s letter, such as an attempted suicide, took place without additional evidence, such as medical reports or therapy reports.
14The Applicant has not provided information about any additional costs or expenses.
15In assessing compensation for pain and suffering, the CICB has considered the impact that this incident had on the Applicant’s mental health, the nature of the incident, the nature of the injuries, that the CICB had no medical evidence, as well as the fact that the award is made from public money. Having considered these factors, the CICB awards the Applicant $600.00 in pain and suffering.
16Given the impact of this incident on the mental health of the Applicant, the CICB authorizes up to $600.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the time that the Applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $600.00 amount described above.
AWARD
17The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $ 600.00
Subsection 7(1)(d) Pain and Suffering $ 600.00
TOTAL AWARD (AND COSTS) $1,200.00
Less: Preauthorized treatment costs $ 600.00
TOTAL CURRENT AWARD $ 600.00
PAYMENT
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $600.00
DATED at Toronto this 14th day of August, 2017
Pamela Arnott, Member