CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Pamela Arnott
Indexed as: (Re) 1407-96418
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 expenses, loss of income, and pain and suffering as a result of an assault and robbery that occurred on [date], 2014 where he sustained physical and psychological injuries. The incidents were reported to the Police and resulted in a conviction.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $8,665.00 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.
4The Applicant must provide reliable evidence to support his claims for:
a) expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the Act;
b) income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work pursuant to subsection 7(1)(b) of the Act; and
c) pecuniary losses resulting from his injury and any other reasonable expense that, in the opinion of the CICB, it is reasonable to incur, pursuant to subsection 7(1)(f) of the Act.
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim: [Name] Police Services Report dated [date], 2014, [Name] Health Sciences emergency records and discharge summary from [dates], 2014, [Name] EMS ambulance call report dated [date], 2014, [Name] Sports Therapy report dated [date], 2014, receipts from [Name] Sports Therapy, receipt from [Name] Health Sciences for an ambulance charge, Canada Revenue Agency tax reports for 2011 to 2014, Medical Report from Dr. [Name] dated [date], 2017, and the Application.
7The Applicant indicates in his Application that, on [date], 2014, he was working in his pizzeria with an employee when the Offender entered and demanded the money from the cash register. The Offender’s face was masked and he had a butcher knife. The employee and the Applicant refused to open the register. The Offender took the register off the counter and ran towards the door. The Applicant grabbed him around the neck. While the Applicant and the employee were wrestling the Offender, the Applicant was stabbed in the right thigh. The cash register was dropped on his foot during the fight.
8The employee and other neighbours called the Police. The Offender was arrested at the scene and charged with robbery, disguise with intent to commit an offence and breach of a weapons prohibition order. The Applicant was taken by ambulance to the [Name] Emergency Room. The Applicant’s business was subsequently closed for the evening.
9The Police Report confirms the Applicant’s account of the incident and adds that the Offender was convicted in 2017 of 2 counts of robbery and one count of possession of a break-in instrument.
10The Applicant indicates that his physical injuries included a 3” laceration on his thigh for which he received 4 stiches. He also had a sprained foot and other scrapes to his head and elbows. The report from Dr. [Name] indicates that the Applicant has physically recovered from this incident.
11The Applicant indicates that his physiological injuries include fear and nervousness about working alone in the store or meeting new customers. He is afraid to have family members work or be left alone in the store. The report from Dr. [Name] indicates that the Applicant has some symptoms of a post-traumatic stress disorder but has otherwise recovered from this incident.
12The Applicant indicates that he has the following losses: he had to replace his cash register at a cost of $423.75. He also indicates that he lost $200 in business the evening of the robbery. He indicates that he had to hire an additional employee while he (the Applicant) was partially unable to work. The Applicant estimates that he was away from work between [dates], 2014 and on limited duties for an additional 12 weeks. He estimates that these costs total $1,028 but no additional documents (such as pay stubs from the additional employee hours) were provided to the CICB.
13The Applicant provided reports from Canada Revenue Agency which indicate his yearly income from all sources. For 2013 and 2014, the Applicant did not report employment or business income. Based on these documents, it is not possible to establish a potential wage loss for the period following the incident.
14The Report from [Name] Sports Therapy from 2014 indicates that the Applicant was limited in his ability to work from [dates], 2014. The Report from Dr. [Name] from 2017 indicates that the Applicant was unable to work for some period in [month], 2014, but doesn’t provide greater specifics about the length of time.
15The Report from [Name] Sports Therapy also indicates that the Applicant went to physiotherapy for 10 sessions at a total cost of $620. The Report indicates that the Applicant suffered a loss of muscle mass, muscle strength and sensation in his thigh. He has a limping gait.
16The Applicant provided a receipt for the ambulance charge of $45.
ANALYSIS AND DECISION
17For the following reasons the CICB grants the application.
18With respect to the incident involving the Offender, section 11 of the Act provides that proof of conviction shall serve as conclusive evidence that the offence has been committed. The CICB accordingly finds the Applicant to be a victim of a crime of violence in respect to the incident involving the Offender.
19The CICB accepts the medical evidence that the Applicant had a serious laceration requiring stiches to his thigh. This injury resulted in the loss of muscle mass and strength and required 10 sessions of physiotherapy.
20The CICB also accepts that the psychological injuries to the Applicant included, for a time, hypervigilance for himself and his family as well as general anxiety. The CICB accepts that the Applicant continues to display some symptoms of a post-traumatic stress disorder.
21In assessing compensation for pain and suffering the CICB has considered that:
a) the incident was sudden and violent;
b) the injury to the Applicant resulted from his attempt to protect his staff and property; and
c) the incident has created an on-going psychological injury for the Applicant.
22The CICB accepts that the Applicant suffered financial losses, including the cost of an ambulance ($45) and 10 sessions of physiotherapy ($620). The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $665.00 for such costs.
23The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to property such as a cash register. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to the replacement cost of a cash register.
24The CICB has considered the Applicant’s income loss claim. The CICB accepts that the Applicant was unable to work for 6 days based on the evidence of the Applicant as well as the Medical Reports of [Name] Sports Therapy and Dr. [Name]. However, the reports from the CRA do not indicate that the Applicant had business or employment income in 2014 to support a claim for income loss. In addition, due to the lack of corroborating evidence of replacement employee costs, the CICB is not able to quantify the Applicant’s income losses for an additional 12 weeks. For these reasons, the CICB declines to make an award for income loss.
AWARD
25The CICB orders payment as follows:
Subsection 7(1)(a) Expenses $ 665.00
Subsection 7(1)(d) Pain and Suffering $8,000.00
TOTAL CURRENT AWARD $8,665.00
PAYMENT
26THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $8,665.00
DATED at Toronto, this 19th day of October, 2017.
Pamela Arnott, Member