CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1702-00390
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, pain and suffering as a result of a physical assault that occurred on [date], 2016 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction on charges of assault causing bodily harm.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $4,000.00 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 her injuries are the result of 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:
a. Police Report dated [date] 2017,
b. Hospital Records from [Name] Memorial Hospital dated [date] 2017,
c. Medical Report from her Family Physician dated [date] 2017.
Police Report
6On [date], 2016 the Applicant had an argument with her son, the Offender, regarding an incident that took place the day before at their home when the Applicant saw him choking a person unnamed while he held a power drill pointed at that person’s head.
7Since the children were out of the house the Applicant decided to tell him that she was worried about his recent behaviour and that she believes he needs to get help. The comment made him very angry; he pinned her and punched her 8-10 times in the left side of the face with his right hand in a closed fist. When the Offender left the house taking her car, the Applicant called the Police from her neighbour’s house.
8The Police and EMS arrived and took her to the [Name] Hospital and she was treated for her injuries. Police synopsis also note that the Offender was known to the police for other crimes he had committed and was on a weapons prohibition and a probation term not to be in possession of a crossbow or pellet guns.
Hospital Report
9The Report notes periorbital swelling and bruises in the left temporal area. She was recommended to apply ice over the area of facial injuries. The report also notes hematoma to back of head, ''from being driven back against the headboard".
Report from Dr. [Name]
10The Family Doctor in his report states that the Applicant had sustained facial injuries when her son assaulted her. Prognosis is reported to be good for physical injuries and recommends counselling to cope with the emotional impact of the assault.
ANALYSIS AND DECISION
11For the following reasons the CICB grants the Application.
12Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant had sustained an injury during an assault by the Offender, her son, and is therefore, on a balance of probabilities, a victim of crime pursuant to section 5(a) of the Act.
13In assessing pain and suffering the CICB has considered the nature of the assault, the fact that the Offender was her son, the physical injuries sustained and the emotional impact of the same on her. In consideration of her victimization the CICB awards her $4,000.00 for pain and suffering.
14Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $1,500.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the time that the Applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $1,500.00 amount described above.
AWARD
15The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $1,500.00
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $5,500.00
Less: Preauthorized treatment costs -$1,500.00
TOTAL CURRENT AWARD $4,000.00
PAYMENT
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto, this 20th day of October, 2017.
Veda Rangan, Member