CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1609-04825
ORDER
Introduction
1In this case, the Applicant claimed that he was assaulted by two men outside of a bar 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, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Incident
3In his September 2016 statement to the CICB, the Applicant wrote on the date of the incident, he was having a few drinks at the [Name] bar in [City] and the Offender and Alleged Offender were there after a memorial service for a family friend. The Applicant spoke to some members of the family and passed-on his condolences. Later, the Applicant was outside for a smoke when he was grabbed in a choke-hold from behind by the Offender who said he was going to kill the Applicant. A women outside chastised the Offender for attacking the Applicant like that. The Offender’s father (the Alleged Offender) started to punch the woman. The Alleged Offender grabbed the Applicant’s arms and the Offender took out a knife and swung it at the Applicant’s throat. The Applicant turned his head and the knife caught the left side of his mouth. The Offender took another stab at the Applicant and the knife caught his upper lip.
Police Report
4The CICB received Reports from the [Name] Regional Police Service in support of the Applicant’s claim. These Reports described this incident in a similar fashion to the Applicant’s submission to the CICB. Police noted that the Offender was drunk and drinking his own alcohol when he was asked by bar staff to put his bottle away. Assisted by the Alleged Offender, the Offender attacked the Applicant by choking him and then pulling a knife on him.
5As a result of their investigation, Police charged the Offender with uttering threats, aggravated assault and two counts of assault. On [date], 2016 the Applicant pled guilty to assault and was given a conditional sentence of six months house arrest plus two years of probation. He was subjected to a weapons prohibition for five years and he had to take psychiatric counselling. Charges against the Alleged Offender were withdrawn in exchange for a peace bond.
Injuries
6As a result of this incident, the Applicant suffers from nerve damage on the right side of his mouth and a lot of scar tissue inside the Applicant’s mouth.
7In June 2017, the Applicant submitted a letter to the CICB to provide an update on his condition. He was still taking counselling and medication to deal with PTSD from this incident. The Applicant still has nightmares and he is socially isolated because of this incident. He still fears retribution from the Offender and his family and he does not understand how a person such as the Offender could do so much damage to another person’s life and get off so lightly.
Medical Reports
8The CICB received a Therapy Report from [Name] who provided eleven counselling sessions to the Applicant (one remains unpaid) which were funded by VQRP. This Report confirmed the Applicant was assaulted by two men and it was a life-threatening incident which left him with a permanent facial injury. The Applicant reported that he felt intimidated and threatened by the Offender and his family when he went to Court. As a result, the Applicant cannot leave his house alone, he fears crowds and he is hyper-vigilant with strangers, constantly on the lookout for an attack. The Applicant has facial scars and frequent pain and headaches from this incident. He is reminded of this incident every time he looks in the mirror. Also as a result of this incident, the Applicant cancelled a planned vacation to visit his parents.
9Prior to this incident, the Applicant was on ODSP for several years so he was not working. Previously, the Applicant was very social and outgoing but now he just keeps to himself. Also, the Applicant was previously addicted to opioids and took treatment to get off of them. This incident triggered the risk of a relapse so the Applicant had to return to treatment.
10The Counsellor wrote that the Applicant would require supportive counselling for some time to correct his fearful thinking and to be able to enjoy a full life. She suggested an additional 25 sessions of counselling for the Applicant at $100.00 per hour.
11The CICB received reports from the [Name] Health Care System ([City] site) which supported the Applicant’s claim. He arrived at the Hospital via ambulance with lacerations as a result of the incident. The Applicant had a deep cut to the corner of his mouth and a cut on his upper lip which were sutured by doctors.
Expenses
12On December 9, 2016 the CICB provided $2,500.00 to the Applicant for counselling via an order under section 14 of the Act.
Analysis and Decision
13Section 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 is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault.
14Also, considering the evidence presented, the CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of assault with a weapon by the Offender and assault by the Alleged Offender.
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 was held by the Alleged Offender, choked and stabbed by the Offender. As a result, the Applicant suffered from a deep cut to his mouth and a second slash on his upper lip. As a result, the Applicant reported that he has a scar on his mouth that he suffers from nerve damage on his face. He has been taking counselling to deal with the emotional aftermath of this incident. On an emotional level, he has nightmares about the incident, he is hyper- vigilant, he fears strangers and he fears retribution from the Offender and his family.
16The Applicant’s claim was supported with Reports from Police, a Hospital and a Therapist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $10,000.00.
Award
17The CICB orders payment as follows:
Section 7(1)(a) Therapy (Section 14 Award) $ 2,500.00
Section 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD (AND COSTS) $12,500.00
Less: Section 14 Award – already paid/authorized $ 2,500.00
TOTAL CURRENT AWARD $10,000.00
18The 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
19THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
DATED at Toronto this 6th day of September, 2017.
Jo-Anne Hughes, Member