CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1610-00158
ORDER
INTRODUCTION
1This is an Application by the Applicant 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 compensation for pain and suffering for the physical and emotional injuries that she claims to have sustained, as a result of the physical assault committed against her by the Offender, as mentioned above.
DECISION
2The CICB approves the claim made by the Applicant in relation to the physical assault committed against her by the Offender, as mentioned above, and awards the Applicant the sum of $2,500.00 as compensation for pain and suffering, for the reasons set out below.
ISSUES
3Pursuant to subsection 5(a) of the Act, the CICB must determine on a balance of probabilities,
a) Whether a crime of violence occurred against the Applicant that caused injuries; and, if so;
b) The nature and extent of the injuries sustained;
c) Whether compensation should be awarded and if so, determine the amount;
EVIDENCE
Applicant's written submissions regarding the incident
4In her Application before the CICB, the Applicant described the incident as follows:
On August 14, 2016 at approximately 6:00 pm, [Offender] knocked at my door (…) I let [Offender] in (…) We chatted for half an hour about different topics (…) She consumed at least 2 beers and I believe she had drank before coming. We spoke about the fact that she visits residents in our building who have bed bugs in their unit. I mentioned that I wanted her to be careful to not bring bed bugs into my unit. This comment seemed to offend her (…) she pushed me off the chair I was sitting on with two hands (in a forward shoving motion) with all her strength. I went flying onto the cement floor. [Offender] then picked up a glass plate that I use as an ashtray and walked over to me while I was still lying on the ground and dropped it with force from above her head (…) the plate / ashtray struck me on the right side of my head. She called me a bitch, grabbed her cooler bag and walked out. [Offender] is an acquaintance that I have known for about 4-6 months.
Applicant’s written submissions regarding her injuries
5In her Application before the CICB, the Applicant described that she sustained physical injuries, which included “rug burns” on her left leg, a “big bruise” on her left knee. These injuries took about two months to heal. She had difficulty walking. She also sustained a “big bump” on the right side of her head. She had pre-existing headaches. However, these headaches became severe from being struck in the head.
6The emotional / psychological injuries included low self-esteem, feeling of sadness and helplessness, fearful of her safety, trouble sleeping. Her eye glasses were broken and she remained without glasses for almost two months.
Police report
7Police Report, on file, confirms the incident. The Report adds that both parties were involved in a normal conversation without animosity towards each other, prior to the assault. They were consuming some beer while sitting at the dining room table until the Applicant made some comments, which made the Offender upset and she proceeded to assault the Applicant causing her “a scratch and bruising to both knees and elbow on the left side.” Then, the Offender threw a plate at the Applicant’s head, striking her in the top right side of the forehead, causing “a red scratch and a small cut.”
8After due investigation, Police charged the Offender with assault with a weapon and assault contrary to the provisions of sections 267(a) and 266 respectively of the Criminal Code of Canada RSC 1985, c.C-46 (the “Code”). However, later, the Offender was found guilty of assault with weapon and she received conditional discharge with 12 months’ probation.
ANALYSIS AND DECISION
9The CICB must determine on a balance of probabilities if the Applicant is a victim of violent crime within the meaning of subsection 5(a) of the Act. This subsection provides that the Applicant’s injury must have resulted from a “crime of violence” constituting an offence against the Code.