Re 1611-00441, 2017 ONCICB 315

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Maija Laitinen Date: November 01, 2017 Indexed as: (Re) 1611-00441

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, R.S.O. 1990, c. C.24, as amended (the “Act”). The Applicant is seeking compensation for pain and suffering as a result of a robbery that occurred on [date], 2014 where she sustained psychological injuries. The incident was reported to the Police, but the two Alleged Offenders were never identified.

DECISION

2The CICB approves the claim and awards the Applicant the sum of $4,000.00 as compensation for pain and suffering for the reasons set out below. The CICB has also made an award for future counselling.

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.

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: a completed Police questionnaire, dated May 24, 2017, clinical notes and records from the Applicant’s Family Physician, Hospital Records from the [Name] Hospital, and a Medical Report from the Applicant’s Family Physician, dated April 5, 2017.

5For the following reasons, the CICB finds the Applicant to be a victim of a crime of violence within the meaning of subsection 5(a) of the Act. At page 4 of her Application, the Applicant states that on the evening of the incident she attended at a convenience store owned by her husband. Her husband asked her to watch the store while he stepped out. Between approximately 8:00 pm and 8:30 pm, two men rushed into the store. They were both wearing masks to cover their faces. One of the men was carrying a gun. The man with the gun pushed the Applicant to a corner and pointed the gun toward her face for approximately 20 minutes while the other man robbed the store. After the two men fled the scene, the Applicant telephoned 911 and reported the robbery to Police.

6The police information on file corroborates the Applicant’s description of the incident. According to the completed Police questionnaire, dated May 24, 2017, the Applicant was working at the store when the two suspects entered. One suspect went directly behind the cash counter while the other suspect produced a firearm and pointed it at the Applicant. The suspects fled after being in the store for several minutes. The Police questionnaire states that the Applicant cooperated with the Police in its investigation and the Applicant did not sustain any physical injuries.

7On a balance of probabilities, the CICB is satisfied that the Applicant suffered psychological injuries as a result of this incident. In a Medical Report, dated April 5, 2017, the Applicant’s Family Doctor states that the Applicant has been “psychologically affected – feeling scared, anxiety, depressed, recurrent memories, giving nightmares, headaches”. The Report states that the Applicant is afraid to go outside on her own. She has experienced difficulties sleeping, including recurrent memories of the incident, nightmares and night sweats. She experiences “a rapid heart rate and a pressured feeling in her chest when she is reminded of the incident”. She is unable to concentrate and has frequent headaches.

8The other medical evidence in the CICB’s file indicates the Applicant was experiencing anxiety and depression prior to the incident in [date] 2015. An out-patient psychiatry note from the [Name] Hospital, dated [date], 2015 (approximately 6 months prior to the robbery), states at the Applicant suffered a facial palsy in 2012 and since that time has been feeling “increasingly anxious and depressed”. At that time, she was diagnosed with major depressive disorder and prescribed medications.

9In a follow-up consultation, dated August 8, 2016, the Applicant’s treating Psychiatrist states:

Her moods have improved, but she still has some fluctuations of mood and anxiety and this depends on the level of pain. She said that she was involved in a motor vehicle accident in 2008 and has pain in her back as well as her shoulder and complains of pain all over her body…..

I feel her moods have improved but she still continues to be depressed, she feels frustrated from time to time, she feels anxious and panicky at times, but however most of the symptoms have improved.

The consultation note makes no reference to the robbery in November of 2015.

10Given all the facts, evidence and circumstances, the CICB assesses compensation for pain and suffering in the amount of $4,000.00. In making this award, the CICB was mindful of the impact this incident has had on the Applicant’s sense of personal safety and overall well-being. The CICB also considered that, on a balance of probabilities, this incident likely exacerbated the Applicant’s pre-existing mental health symptoms.

11Based on the information set out at page 12 of the Application, it appears that the Applicant intends to enter into therapy in the near future. In the circumstances, the CICB authorizes up to $1,200.00 (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 $1,200.00 amount described above.

12Pursuant to section 22 of the Act, the CICB awards $400.00 as a contribution toward legal fees incurred to assist the Applicant in preparing her Application.

13While 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

14The CICB orders payment as follows:

Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00

Subsection 7(1)(d) Pain and Suffering $4,000.00

Section 22 Cost: Contribution to legal fees $ 400.00

TOTAL AWARD (AND COSTS) $5,600.00

Less: Preauthorized treatment costs -$1,200.00

TOTAL CURRENT AWARD $4,400.00

PAYMENT

15THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00

Prisha Law Professional Corporation $ 400.00