CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: James Graham
Indexed as: (Re) 1606-03876
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 medical expenses, treatment expense, loss of income, and pain and suffering as a result of a robbery that occurred on [date], 2014 where he claims to have sustained physical and psychological injuries. The incident was reported to the Police and resulted in convictions for robbery against each of the Offenders.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $7,158.15 for the reasons set out below.
ISSUES
3Convictions may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there were convictions against each of the Offenders 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; and,
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.
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:
the Application
the Applicant’s victim impact statement
[Name] Police Services Report confirming convictions
[Name] Paramedic Service Report
Dr. [Name] Report of [date], 2014 visit
[Name] Medical Clinics report of [date], 2014 visit
Report by Dr.[Name], Neurologist dated [date], 2016
[Name] Psychotherapy Report dated [date], 2016
[Name] Physiotherapy Report dated [date], 2017
Canada Revenue Agency report of income in 2011, 2012, 2013 and 2014,
copies of expense claims or receipts.
7In his Application, the Applicant describes the assault upon him as consisting of about ten punches to the head, mostly on the left side. He states that he suffered swelling on his forehead and a traumatic brain injury, the symptom of which he described as including light-headedness, headaches, dizziness, fatigue, insomnia, difficulty concentrating, irritability and a feeling that he was going to vomit. He slept for about 14 hours a day during the first two weeks after the assault and for the rest of 2014, for an inordinately long time.
8The Applicant reports that his symptoms are mostly gone now and abated at different rates: swelling after two weeks, insomnia after a month, dizziness mostly gone after two to three months, irritability after a year, cloudy thinking after about nine months.
9He reports that he noticed typing difficulties for about nine months, consisting of wrong letter choices while typing. He also noted difficulty in saying certain words, which lasted for about six months, and slowness in thinking which caused his grades as a graduate student to suffer. It delayed his completion of his master’s degree in economics.
10He also reports that he developed a fear of others and of going outside
11The Applicant states that he was suffering depression prior to the assault, but that this incident amplified the problem for a period of time.
12The superficial injury is confirmed by the paramedics who treated him at the scene and by his Family Doctor who he saw three days later.
13He was told by his Family Doctor that the symptoms should abate quickly, but they did not. As a result, he consulted a Neurologist in [date] 2014 who reviewed his symptoms and advised that he would heal in time. He also consulted a Physiotherapist for post-concussion symptoms and a Psychotherapist for symptoms of fear, anger, frustration and depression following the assault.
ANALYSIS AND DECISION
14Although there is no diagnosis of concussion in the Medical Reports received by the CICB, the CICB accepts the Applicant’s description of his symptoms and is satisfied that he has suffered a significant trauma to the brain as a result of being assaulted by the Offenders. In light of this the CICB awards the sum of $6,000.00 to the Applicant for pain and suffering.
15With respect to the ability to compensate the Applicant pursuant to section 7(1)(a) for expenses incurred, the CICB requires evidence that the expense was reasonably incurred as a result of the crime of violence and further, typically requires receipts as evidence of the expense. Here, the Applicant claims $230.45 for health supplements, $260.00 for physiotherapy, and $1,000 for psychotherapy.
16The Applicant has produced bank records showing payment of $158.15 for health supplements which were recommended by has psychotherapist, for which the CICB will compensate the Applicant.
17The Applicant did not provide any documentation to support the claim for his physiotherapy expenses and the CICB will deny that claim.
18The psychotherapist has stated that the Applicant has paid $1,445.00 for therapy sessions subsequent to the assault. The Applicant estimates that $1,000.00 of that sum related to injury resulting from the assault. The CICB finds that the Applicant’s estimate is reasonable and awards compensation for psychotherapy treatments of $1,000.00.
19The Applicant states that he lost income as a tutor, having to turn down all tutoring assignments for a week after the assault. He also states that he has lost an indeterminate amount as a result of the delay in receiving his master’s degree.
20With respect to his loss of income as a tutor, the CICB has no documentation from which it can calculate that loss. The Canada Revenue Agency return for 2014 shows T4s totalling $11,861.00. However, there is no indication of where this income came from, tutoring, the University of [Name], or some other source. The CICB is unable to satisfy itself of the amount of tutorial income lost by the Applicant and so must deny that claim. With respect to the claim for lost income arising from delay in the Applicant completing his master’s program, the CICB has no information from which it could make a calculation and so must also deny that claim.
AWARD
21The CICB orders payment as follows:
Subsection 7(1)(a) Expenses $1,158.15
Subsection 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $7,158.15
PAYMENT
22THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $7,158.15
DATED at Toronto this 30th day of October, 2017.
James Graham, Member