CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Pamela Arnott
Indexed as: (Re) 1612-00906
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 compensation for pain and suffering as a result of a physical assault that occurred on [date], 2016 where he sustained physical and psychological injuries. The incidents were reported to the Police and did not result in charges.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $9,000.00 for the reasons set out below.
ISSUES
3The absence of a conviction does not mean that the CICB is precluded from making an order of compensation. Subsection 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence but also that his injuries resulted from 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.
Documentary Evidence
5The CICB received the following documents with respect to the claim: [Name] Police Service Report dated [date], 2017, [Name] Paramedic Report dated [date], 2016, [Name] Health Science Centre emergency report and trauma assessment dated [date], 2016, discharge summary report dated [date], 2016 and the Application and attachments dated November 7, 2016. No other medical reports, therapy reports or receipts were provided to the CICB.
6The Applicant indicates that on [date], 2016, he exited his apartment building to do some errands and walked past a car waiting in the driveway of the exit/entrance area of the building. The Applicant heard popping noises and realized that he was being shot. He ran alongside the building and up a flight of stairs. When he couldn’t get into the building, he ran back towards the main entrance, up two flights of stairs and lay down in front of a unit when he began to feel light-headed. Someone called 911 and the paramedics arrived.
7The Paramedic Report indicates that the Applicant was found with 2 gunshot wounds to his side and abdomen. The Report notes that the Applicant had difficulty breathing and his skin was clammy.
8The reports from [Name] Hospital add to this information by noting that the Applicant was taken into surgery within 20 minutes of arriving at the Hospital. The Report notes that several tubes were inserted in his body – one of which remained to drain the wounds for 20 weeks. The Applicant remained in Hospital for 13 days to recover from the injuries.
9The Applicant indicates that he has a 6 inch vertical scar on his torso as well as 6 scars from various tubes. These scars make him self-conscious to remove his shirt and remind him of the incident each time that he sees them.
10While the Police were called and spoke to the Applicant twice while he was in Hospital, no charges were laid. No police reports were provided to the CICB.
11The Applicant indicates that he has suffered the following psychological injuries: anxiety, mood swings, irritability, sleeplessness, difficulty concentrating and uncomfortableness being in public. No therapy reports were provided to the CICB.
ANALYSIS AND DECISION
12For the following reasons the CICB grants the Application.
13We accept the Applicant’s uncontested evidence and Medical Reports of the physical injuries resulting from a gunshot wound. We are satisfied that a crime of violence took place on [date], 2016 and that injuries resulted from it.
14We also accept the Applicant’s explanation of how he received his gunshot wounds. His injuries are consistent with what he describes happened at the apartment. His evidence of psychological injuries is also consistent with the emotions that one would experience after having been shot.
15In assessing compensation for pain and suffering the CICB has considered that the incident occurred without warning or provocation, that the Applicant has numerous lasting scars on his torso and that the incident has created some ongoing undiagnosed psychological injuries. For these reasons, the CICB makes an award of $9,000.00 for pain and suffering.
AWARD
16The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $9,000.00
TOTAL CURRENT AWARD $9,000.00
PAYMENT
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
DATED at Toronto this 15th day of Ontario, 2017.
Pamela Arnott, Member