Re 1703-00729, 2017 ONCICB 310

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Veda Rangan

Date: October 30, 2017

Indexed as: (Re) 1703-00729

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 expenses, pain and suffering as a result of physical assaults, that occurred on [date] 2017 where he sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction on charges of aggravated assault of a peace officer and utter threat to cause or bodily harm.

DECISION

2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $6,000.00 for the reasons set out below.

ISSUES

3The Applicant must prove, on a balance of probabilities, that his injuries are the result of lawfully arresting or attempting to arrest an offender or suspected offender of an offence against a person other than the Applicant or his dependent or against such person’s property, or assisting a peace officer in executing his law enforcement duties

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

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:

a. Police Report dated [date] 2017,

b. Hospital Records from [Name] Health Sciences Centre dated [date] 2017,

c. WSIB Report dated [date] 2017.

Police Report

7The Applicant, a [rank] with [Name] Police Service, was assigned to work the cells area of the courthouse on [date], 2017

8The Offender and another cell mate also in custody were observed via closed circuit camera to be shaking a black jacket appearing as though they were trying to remove a concealed item from within the jacket. The Applicant was asked to retrieve the jacket. He went to the location and asked for the jacket, and the Offender became angry and confrontational. The Applicant made several requests for the jacket and the Offender and others in custody began to taunt him saying, "What are you going to do about it?" They then threw the jacket and a long sleeve shirt under the cell bars.

9While the Officers searched for contraband items in the jacket the Offender threatened physical harm to the Applicant. On his way back to his cell the Offender asked to speak to his lawyer. He was told that they would arrange for this meeting after he was back in his cell. The Offender became agitated and was seen grinding his teeth. He then clenched his right hand and delivered a “round house style” punch with a closed fist with extensive force striking the Applicant on the left side of his face, along the upper jaw bone area. Due to the force of the impact he fell backwards into ERS officers then fell to the floor where he lay motionless and went unconscious for an extended period of time.

10As a result of this investigation, the Offender was charged with aggravated assault of a peace officer contrary to section 270.02 of the Criminal Code of Canada and utter threats/death or bodily harm contrary to section 264.1(1)(a) of the Criminal Code of Canada by way of warrant application.

Details of the injury from the Police synopsis

11X-rays confirmed that the Applicant sustained a broken jaw as a result of the assault. The left side of his jaw sustained a large separation just above the impact zone and a secondary point of injury, where the energy was released from the initial impact causing a smaller fracture on the right side of the jaw. Both injuries were clearly visible on the x-ray.

12The Applicant complained of nausea, headache, dizziness and memory loss and these were noted to be symptoms consistent with a concussion. He had also sustained a sprained ankle.

Report from [Name] Health Sciences Centre

13The Report notes that the Applicant had sustained Right parasymphyseal fracture, Left condylar neck fracture and Left maxillary sinus wall fracture. His injuries required surgical intervention and the surgeon. Dr. [Name] performed Open reduction internal fixation of right parasymphyseal fracture and an Open reduction internal fixation of left condylar neck fracture. He was admitted to the Hospital on [date], 2017 and was discharged on [date], 2017.

WSIB Report

14The Report states that due to the severity of his injury he was unable to work from [date], 2017 to [date], 2017 at which time he returned to light office work at the court house. He was entitled to loss of earning benefits for this period of lost time. He was then cleared to return to his pre-injury job as of [date], 2017, however he was advised not to put himself at risk of re-injury in the workplace as the fracture was still healing. He was cleared stable from the maxillofacial fracture by his surgeon on [date], 2017, and was able to resume all normal activity with no physical limitation. Full recovery was determined as of [date], 2017.

15The Report states that since the Applicant had recovered from his workplace injuries and WSIB did not anticipate any further entitlement in his case for either health care or loss of earning benefits.

ANALYSIS AND DECISION

16For the following reasons the CICB grants the Application.

17Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant, a [rank], was a victim by an inmate while performing his duties as a [rank]. He had sustained fractures to his jaw in two places and a sprained ankle requiring surgical intervention, a cut to the back of his head, concussion like symptoms, hospitalization and had to be absent from work for a period of time. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(a) of the Act in connection with the assault at the court house.

18In assessing pain and suffering the CICB has considered the nature of the assault while performing his duties as a police cadet at the court house, the nature of the physical injuries and the emotional impact of the same on him. In consideration of his victimization the CICB awards the Applicant $6,000.00 for pain and suffering.

Expenses

19The CICB generally requires original 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 cost of $45.00 and parking cost of $25.00.

AWARD

20The CICB orders payment as follows:

Subsection 7(1)(d) Pain and Suffering $6,000.00

TOTAL AWARD $6,000.00

PAYMENT

21THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $6,000.00