(Re) 1612-00847, 2017 ONCICB 298

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Anne-Marie Langan

Date: October 21, 2017

Indexed as: (Re) 1612-00847

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 an assault that occurred on [date], 2015 where she sustained physical/psychological injuries. The incidents were reported to the Police but they were unable to locate the suspects.

DECISION

2The CICB approves the claim and awards the Applicant $ 10,000.00 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 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.

4If the Applicant has met the above threshold, in deciding whether or not to exercise our discretion to award compensation and the amount thereof, we must consider:

a) Any benefit, compensation or indemnity paid or payable to the Applicant from any source other than social assistance pursuant to subsection 17(3) of the Act.

5The 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

HEARING

6The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.

Documentary Evidence

7The CICB received the following documents with respect to the claim.

Application

8The Applicant describes she was assaulted by two youths who were passing her by on the street without any provocation on her part. They struck her in the temple, causing her to fall. She was also struck in the face and abdomen. One of the Alleged Offenders cut her face and head with a pocket knife. The incident was reported to the [Name] Police but no suspects were identified. Since the assault, the Applicant has been unable to take her dog for a walk due to her anxiety and no longer feels safe in her neighbourhood she has become isolated in her home. She has had to take an increased dose of anti-anxiety medication. She has lost friends due to not spending time with them and has gained 50 pounds due to being inactive, causing her osteoarthritis to progress. She feels as if the Alleged Offenders have stolen her peace of mind.

Police Report

9The Police Report states that a possible motive of the attack was to steal the Applicant’s cell phone and/or wallet, neither of which she had on her person that night. The suspects were two young white males. Unfortunately there was no video surveillance that could assist the police in identifying the suspects.

Dental Report

10Dr. [Name] says that the Applicant was experiencing pain and a shift in her right jaw following incident. No treatment was received for this injury as she did not attend her follow up appointment.

Hospital Records

11The Applicant was treated by [Name] Emergency Medical Services the night of the incident. They note in their Report that she suffered minor abrasions on her forehead, cheek and a bruise on her temple. These injuries appear to be consistent with the incident that the Applicant described. She refused to go to the Hospital and went home instead.

Medical Report

12Dr. [Name] confirms that she suffered abrasions and lacerations on her face, low back pain and Post Traumatic Stress Disorder as a result of the assault. He increased her Paxil prescription and referred her for supportive counselling. The Doctor confirms that the Applicant was unable to go out alone for a year following the incident.

Victim Impact Statement

13The Applicant describes that the scars are a reminder of the incident. She has suffered from increased anxiety attacks. Her self-esteem has been adversely impacted. She does not feel safe and thinks about the incident frequently. She is living in her own “personal hell”. She can no longer walk her dog or do many of the activities she used to enjoy such as playing volleyball and travelling or socializing with friends. She suffers from agoraphobia and has trouble sleeping due to nightmares. She doesn’t feel safe even in her own home.

ANALYSIS AND DECISION

14The fact that there has not been a conviction is not fatal to the Applicant’s claim. Section 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 or death.

15Considering the evidence presented, the CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of assault, and therefore, a victim within the meaning of section 5 (a) of the Act. The Applicant’s claim was supported with reports from Police, Medical Reports, Dental Reports and a Report from the EMS that treated her the night of the assault. The CICB finds the Applicant to be compensable.

16In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was attacked with a knife by two unknown suspects while out walking her dog. As a result of this incident, the Applicant suffered from scarring to her face and post-traumatic stress disorder. She has had great difficulty leaving her home since the attack and has had to forego many of the activities she enjoys.

17The CICB awards the Applicant $10,000.00 for pain and suffering.

AWARD

18The CICB orders payment as follows:

Subsection 7(1) (d) Pain and Suffering $10,000.00

TOTAL AWARD (AND COSTS) $10,000.00

19The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.

PAYMENT

20THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $10,000.00