CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Pamela Arnott
Indexed as: (Re) 1608-04593
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 physical assault that occurred on [date], 2016 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in withdrawal of the charges relative to the Applicant.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $6,000.00 for the reasons set out below.
ISSUES
3The fact that there has not been a conviction is not a bar to the Applicant’s claim. 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 she was a victim of a crime of violence but also that her injuries resulted from the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support her claims for:
a. expenses actually and reasonably incurred as a result of her injury pursuant to subsection 7(1)(a) of the Act; and
b. pecuniary losses resulting from her 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: indictment and record of court proceedings for Alleged Offender 1, [Name] Police Reports dated [date], 2016 and [date], 2016, Hospital Report from [Name] Hospital dated [date], 2016 and the Application from the Applicant. No employer reports were received by the CICB.
7The Police Reports indicate that Alleged Offender 1 lived with the Applicant, her mother and her boyfriend. The incident in question was preceded by a dispute at the home on [date], 2016 where the Alleged Offender assaulted the Applicant and her boyfriend. This matter was mediated by the Police and did not result in any charges.
8The [Name] Police Report of [date], 2016 indicates that the Applicant, her boyfriend and other friends were leaving a nightclub in the early morning of [date], 2016 when they were surprised from behind by the Alleged Offenders. As the Applicant and her party attempted to enter their vehicle, the Applicant’s boyfriend was stabbed in the neck, face and armpit. The Applicant attempted to stop the attack and was slashed on her wrist and thumb by Alleged Offender 2. Alleged Offender 1 also spat on and threatened the Applicant and her boyfriend with death before fleeing the scene.
9The Application and the Police Report indicate that the Applicant was taken to [Name] Hospital. The [Name] Hospital Report indicates that she had lacerations to her left thumb and forearm and received 11 stiches (2 to her wrist and 9 to her thumb). The Applicant was provided with a suture removal kit when she was discharged.
10The Applicant also indicated that she incurred ambulance charges and prescription drug charges. No receipts were provided for these expenses.
11The Police Reports indicate that there were numerous charges, including aggravated assault, attempted murder, assault with a weapon, assault causing bodily harm, and accessory after the fact against the Alleged Offenders. Alleged Offender 1 was convicted of one count of assault causing bodily harm in regards to the Applicant’s boyfriend. The charges against Alleged Offender 1 relative to the Applicant were withdrawn. Alleged Offender 2 was also convicted of one count of assault with a weapon against the Applicant’s boyfriend.
12The Applicant indicates that she had the stiches removed from her wrist and thumb while out of the country. She also indicates that she got an infection in her wound and purchased antibiotics for this infection. No receipts were provided for these expenses.
13The Applicant indicates that she suffers from continuous fear for herself and her family. She has taken several safety measures but worries about her family’s safety in the night time. She is often nervous and anxious, and suffers from flashbacks about the incident.
14The Applicant indicates that she missed two weeks of work in 2016 due to the incident, at a loss of $1100. No reports (from her employer or otherwise) were provided for this loss.
ANALYSIS AND DECISION
15For the following reasons the CICB grants the Application.
16With respect to the incident involving the Alleged Offenders, the absence of a conviction does not mean that the CICB is precluded from making an order of compensation. Section 16(1) of the Act provides that the CICB can make an order for compensation whether or not the persons have been prosecuted for or convicted of the offence giving rise to the injury. Having considered the evidence presented including the police reports, the CICB finds, on a balance of probabilities, that the Applicant was the victim of a crime of violence within the meaning of section 5(a) of the Act with respect to the incident involving the Alleged Offenders.
17The CICB accepts that the Applicant suffered physical injuries as well as psychological injuries in this incident. Specifically, the CICB finds that the Applicant suffers from hyper-vigilance, and undiagnosed anxiety as a result of the incident. The CICB also finds that the Applicant suffered a minor physical injury necessitating medical intervention in the form of stiches.
18In assessing pain and suffering, the CICB has considered that this incident arose within the Applicant’s family. The CICB has also considered the shock expressed by the Applicant at the ferocity of the attack. Having considered these factors, the CICB makes an award in the amount of $6,000.00 for the pain and suffering.
19The CICB generally requires receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for ambulance and prescription charges.
20With respect to the Applicant’s claim for income loss, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or income tax records) in order to verify an applicant’s employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed. In the absence of any records regarding employment and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the Applicant has failed to establish her claim for income loss and the claim in that regard is hereby denied.
AWARD
21The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $6,000.00
TOTAL CURRENT AWARD $6,000.00
PAYMENT
22THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6, 000.00
DATED at Toronto, this 19th day of October, 2017.
Pamela Arnott, Member