CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1701-00113
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, loss of income, pain and suffering as a result of physical assaults, that occurred on [date], 2016 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction on charges of utter threat, assault, mischief, fail to comply and the disposition date is noted to be [date], 2017. The Offender was sentenced to 27 days pretrial custody and 12 months probation.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $4,000.00 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.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim:
a. Police Report dated [date], 2017
b. Hospital Records from [Name] General Hospital dated [date], 2017
c. An incomplete Medical Report from Dr. [Name].
Police Report
6The Police Report states that the Applicant was randomly assaulted by the Offender while waiting in line at the grocery store to make a purchase. The Offender elbowed, kicked and attempted to choke the Applicant. The Report also notes that the Applicant fully cooperated with the Police. The Offender was sentenced to 27 days pretrial custody and 12 months of probation on charges of utter threat, assault and mischief.
Hospital Report
7The Report notes that the Applicant had sustained cracked ribs, injury to the right fingers when he was choked and elbowed in the grocery line up. The Doctor also noticed scratches in the upper left arm. He experienced bilateral pain in the ribs and in his hand due to the fingers being “squashed”. The hand was put in a splint and was prescribed medication for pain arising from other multiple injuries.
ANALYSIS AND DECISION
8For the following reasons the CICB grants the Application.
9Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of assault which caused him to suffer physical injuries including damaged ribs and fingers, excruciating pain requiring medical intervention and an exacerbation of his pre-existing ankle pain. The Applicant was also emotionally impacted in that his nerves were shaken, became hyper vigilant, had trust issues and continues to feel uneasy and unsure. 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 on him at the grocery store.
10In assessing pain and suffering the CICB had considered the unprovoked nature of the assault, the physical injuries sustained, and the emotional impact of the same on him. In consideration of his victimization the CICB awards $4,000.00 for pain and suffering.
AWARD
11The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $4,000.00
PAYMENT
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto, this 6th day of November, 2017.
Veda Rangan, Member