CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1601-02092
ORDER
INTRODUCTION
1The Applicant is seeking 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 perpetrated by the Offender on [date], 2015. The incident was reported to the Police and resulted in conviction for assault causing bodily harm contrary to section 267(b) of the Criminal Code, RSC, 1985, c. C-46.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $10,000.00 as compensation for pain and suffering 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.
ANALYSIS AND DECISION
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file. The CICB received the following documents with respect to the claim: police reports, including the synopsis and the Applicant’s witness statement, hospital records from [Name] Health Sciences Centre, photographs of the Applicant’s injuries and the Applicant’s victim impact statement, dated [date], 2016.
5The documentary evidence on file indicates that the Applicant had met the Offender through friends on previous occasions. On [date], 2015, between 2:00 and 3:00 pm, the Offender and one female attended at the Applicant’s apartment without notice. The Applicant invited them into his living room and offered them some beer. At some point, the Offender informed the Applicant that he needed to use his apartment for three or four days to sell drugs. The Applicant refused, and the Offender walked over and punched him several times with a closed fist. At page 4 of the Application, the Applicant states that the Offender hit him with a magnet from his stereo.
6The Applicant then remained in the residence for approximately eight hours until his neighbour knocked on the door. When the door opened, the Applicant ran out and sought assistance. The Applicant was not sure if he lost consciousness during this time, but he later reported to Police that he had been afraid to leave and was worried that he would be assaulted again.
7The Offender was convicted of assault causing bodily harm in relation to this incident.
8The Hospital Records confirm that the Applicant suffered multiple facial fractures, including a left nasal orbital ethmoidal fracture. He underwent emergency surgery, which involved a left hip post-iliac crest bone graft to repair to support the mid-vault and tip of his nose. He was admitted to the Hospital on [date], 2015 and was discharged 9 days later. The discharge summary, dated [date], 2015, states that the Applicant was “cleared” from an ophthalmological point of view. His left eye was significantly swollen post-operatively, but this improved over the course of his admission. The left hip iliac crest donor site was also quite painful for him, and he was slow to ambulate. Physiotherapy was involved, and he required the assistance of a walker upon discharge.
9The photographs of the Applicant during his Hospital stay show significant swelling and bruising around his eyes and nose as well as multiple sutures. The Applicant’s victim impact statement, dated [date], 2016, states that the Applicant was evicted from his apartment during his admission to Hospital. He lost most of his belongings and has since moved to another nearby town. As a result of this incident, he suffers from numbness in his upper lip as well as chronic headaches. He suffers from nightmares and paranoia. He worries about coming into contact with the Offender and is easily startled by loud noises. He continues to suffer facial pain and continues to take Percocet to help him cope with the pain.
10The CICB is satisfied that the Applicant was injured as a result of a crime of violence. In assessing compensation for pain and suffering, the CICB was mindful of the extent of the Applicant’s injuries, including the need for urgent surgical intervention, as well as the profound impact this incident has had on the Applicant’s sense of personal safety and overall well-being. The CICB also considered the nature of the incident in that it was an unprovoked assault that occurred in the Applicant’s own home. Given all of the evidence, facts and circumstances, the CICB assesses compensation for pain and suffering in the amount of $10,000.00. While the CICB appreciates that no amount of money can ever make up for the harm the Applicant endured, we believe that the total amount of this award is reasonable given the circumstances and the intention of the CICB’s governing legislation
AWARD
11The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD: $10,000.00
PAYMENT
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
DATED at Toronto, this 23rd day of October, 2017.
Maija Laitinen, Member