CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1701-00272
ORDER
Introduction
1In this case the Applicant claimed she was assaulted by a friend’s son, the Offender.
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 her January 2017 submission to the CICB, the Applicant wrote that while visiting the Offender’s mother, the Offender punched her in the left eye.
Police Report
4The CICB received Reports from the [Name] Police Service which supported the Applicant’s claim. The Offender is a refugee claimant who arrived in Canada six months earlier. He thought the Applicant was disrespecting his mother so he punched the Applicant in the head. Then, when the Applicant was trying to leave, he followed her downstairs and punched her another five times in the back of the head while she was trying to get into her car. Police noted that the Applicant suffered from a broken nose and broken orbital bone as a result of this incident and they charged the Offender with aggravated assault.
5On [date], 2017, the Offender pled guilty to aggravated assault and was sentenced to 159 days of pre-sentence custody and two years of probation with a no-contact order for the Applicant.
Injuries
6The Applicant wrote that as a result of this incident, she had a broken nose which required plastic surgery to repair. During that surgery, the Applicant had a significant heart blockage and was treated for that issue. On an emotional level, the Applicant had pre-existing injuries from domestic violence when she lived [outside Canada] which was exacerbated by this incident. Since her nasal surgery, she has experienced bad headaches which caused her to miss work. Also, the vision in her left eye is still a bit blurry. Also, she noticed that she is unable to focus on things for a long time with her left eye which is affecting her productivity at work.
Medical Reports
7The CICB received several reports from the [Name] Health Care Centre in support of the Applicant’s claim. Doctors confirmed that the Applicant had a broken nasal bone and a broken orbital (eye socket) bone as a result of this incident. In post-operative recovery, the Applicant was discovered to have an abnormal heart rhythm with a suspected heart blockage so she was admitted to the cardiac ward. Subsequent examinations showed that she had no ongoing issues as a result of her temporary arrhythmias so she was released without the need for further treatment.
8The CICB received a Therapy Report from Counsellor [Name], who saw the Applicant for two sessions in [date] 2016. This Counsellor confirmed the assault as reported and noted that the Applicant was still suffering from issues with the sight in her left eye. As a result of this incident, the Applicant suffered from reduced self-esteem and she had trouble trusting people. Also, subsequent relationships have been difficult for the Applicant to maintain. The Counsellor noted that the Applicant’s previous abuse may have been a factor in the severity of the emotional injuries she experienced as a result of this incident.
Analysis and Decision
9Section 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 aggravated assault.
10In 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 punched in the face by the adult male Offender and she was harassed and punched a number of other times while she tried to leave the scene. As a result, the Applicant suffered from a broken nose and a broken orbital bone which required surgery. On an emotional level, the Applicant suffered from reduced self-esteem and trust issues which exasperated pre-existing emotional injuries from alleged domestic incidents which the Applicant fled- from in another country. Also, the Applicant is still having issues with the vision in her left eye.
11The Applicant’s claim was supported with Reports from Police, a Hospital, several Doctors and a Counsellor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $6,000.00.
Award
12The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $6,000.00
13The 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
14THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 13th day of September, 2017.
Jo-Anne Hughes, Member