CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1611-00417
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 dental expenses and compensation for pain and suffering as a result of a physical assault that occurred on [date], 2015. The incident was reported to the Police, and the Offender was convicted of the offence of assault causing bodily harm contrary to section 267(b) of the Criminal Code of Canada, RSC, 1985, c. C-46 (the “Criminal Code”).
DECISION
2The CICB approves the claim and awards the Applicant the sum of $6,300.00 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 his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4Pursuant to subsection 7(1)(a) of the Act, the Applicant must provide reliable evidence to support his claim for expenses actually and reasonably incurred or to be incurred as a result of his injuries.
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file. The CICB received the following documents with respect to the claim: Court documents, including a copy of the Offender’s probation order, Police Reports, including the case file synopsis, a Dental Report completed by a Denturist and received by the CICB on [date], 2017 and Hospital Records, dated [date], 2015.
6The Police synopsis states that, at the time of the assault, the Applicant and the Offender were tenants at the same address. They resided in separate rooms in the basement. The Applicant had been living at the address for approximately four months.
7On [date], 2015 at approximately 9:30 a.m., the Applicant was in his room when he heard a knock at his door. The Applicant opened his door, and the Offender punched the Applicant in his face along his jaw line. The Applicant fell to the ground causing him to hit the back of his head. Moments later the Applicant regained consciousness and found himself covered in his own blood. Three of the Applicant’s teeth were knocked out. The Offender began yelling at the Applicant and accusing him of stealing from him. The Applicant denied these accusations, and the Offender threatened to hit him again if he found out he took his belongings. The Applicant sought medical attention and subsequently reported the assault to the Police.
8The Offender was charged with assault, assault causing bodily harm and threatening bodily harm. The Offender entered a guilty plea and was convicted of the offence of assault causing bodily harm contrary to section 267(b) of the Criminal Code. The other two charges were withdrawn by the Crown.
9On [date], 2016, the Offender was sentenced to 82 days of jail/custody to be served intermittently, 8 days of pre-sentence custody and 24 months of probation.
10At page 9 of his Application, the Applicant states that he sustained a head injury as a result of the assault. He suffers from migraines, difficulties with memories and concentration and tinnitus in both ears. He states that his head, mouth, jaw and neck were injured from the assault. He sustained a large cut on the right side of his jaw, which required 7 or 8 stiches. He has lost the ability to chew on his right side. He also lost two upper teeth and one lower tooth. For the first six months following the assault, his whole face was swollen. The pain affected his ability to sleep. He states that he lost approximately 20 pounds during this time.
11The Applicant states that he has also sustained psychological injuries as a result of the assault. At page 14, the Applicant states that he has experienced anxiety and becomes fearful around people and in crowds. He is sensitive to loud noises and images on television. He has lost trust in other people. This has negatively impacted his social life and led to isolation and low self-esteem. He is self-conscious about his facial appearance. He states that he has not sought any psychological treatment because he does not trust others enough to share his experience.
ANALYSIS AND DECISION
12For the following reasons, the CICB grants the Application. The CICB finds that the Applicant sustained a head injury, including lacerations to his head and face, following the assault. The Applicant also lost three teeth. The Hospital records on file confirm that the Applicant attended at the emergency department complaining of a head injury following the assault. He had lacerations on his lower chin and on the back of his head. He reported losing three teeth, and swelling was observed on the right side of his face. His lacerations were stapled and sutured. He was discharged home that day and was noted to be ambulating and in no apparent distress.
13Although there are no other psychological or medical reports on file, the CICB accepts that the Applicant experienced pain and swelling for approximately six months following the assault given the extent of the injuries suffered. The injuries would have undoubtedly interfered with his ability to sleep and eat. He lost 20 pounds. In addition, the CICB accepts that the Applicant has experienced lingering physical and psychological issues, including headaches, neck pain, problems with memory and concentration, hyper-vigilance, anxiety, and low self-esteem.
14Given all of the evidence, facts and circumstances, the CICB assesses compensation for pain and suffering in the amount of $6,000.00. In making this award, the CICB was mindful of the fact that the assault occurred in the Applicant’s own home.
15The Applicant has also made a claim for future dental expenses presumably on the basis that he lost three teeth as a result of the assault. The Dental Report on file indicates that the Applicant was missing approximately 30 teeth before the assault and that he lost three more teeth as a result of the assault. The cost estimate for dentures is $1,987.00. The Report also provides an estimate for dental implants in the amount of $10,000.00. The Dental Report also indicates that $941.00 of the Applicant’s dental treatment has been paid for by insurance or other sources.
16Given the fact that the majority of the Applicant’s teeth were missing before the crime and the fact that a portion of these expenses appears to have already been covered by insurance, the CICB finds it reasonable to award a contribution of $300.00 toward future dental expenses.
17While the CICB appreciates that no amount of money can ever make up for the harm the Applicant has endured, we believe that the total amount of this award is reasonable given the circumstances and the intention of the CICB’s governing legislation.
AWARD
18The CICB orders payment as follows:
Subsection 7(1)(a) Expenses (Dental Expenses) $ 300.00
Subsection 7(1)(d) Pain and Suffering $ 6,000.00
TOTAL AWARD: $ 6,300.00
PAYMENT
19THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,300.00
DATED in Toronto this 7th day of September, 2017.
__________________________
Maija Laitinen, Member