CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1703-00804
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2016 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for an act of assault causing bodily harm, perpetrated by the Offender, the Applicant’s common law spouse. The Applicant is also claiming for future treatment expenses.
2The Offender was convicted on [date], 2016, for one count of assault causing bodily harm and was granted a suspended sentence, 12 months’ probation; a prohibition of firearms for 10 years and ordered to submit DNA samples.
Decision
3The CICB awards the Applicant $9,000.00 for pain and suffering, $1,200.00 for future therapy and $160.00 to Community Advocacy & Legal Centre for disbursements for the reasons set out below.
Issues
4As the Offender was convicted of assaulting the Applicant, there is no issue that he was the victim of crimes of violence.
5The CICB must determine the following:
Whether the Applicant suffered injuries as a result of the crime of violence;
If so, the appropriate level of compensation, if any, for the Applicant’s pain and suffering;
The CICB must assess all relevant circumstances;
The CICB must determine whether the Applicant’s claim for future treatment expenses is supported by evidence.
Evidence
The Applicant’s Evidence
6The following is a summary of the facts and circumstances of the incident as disclosed by the Applicant and corroborated by the [Name] Police Service from information received by the CICB.
7On [date], 2016, [Name] Police Service received a frantic 911 call to [location] regarding a disturbance. The female caller advised that she had stabbed her boyfriend and was now locked in the bedroom.
8Officers attended on scene and were met at the door by the Applicant who advised that he was stabbed with a knife by the Offender. Police located the Offender upstairs in the bedroom where she was called down to Police and arrested for assault bodily harm.
9While officers were arresting Offender she began to hyperventilate and passed out on the floor. She was subsequently taken to [Name] Hospital for assessment and released a short time later.
10The Applicant was transported to [Name] Hospital where doctors advised that his condition was serious; he was stabilized and transferred to [Name] Hospital.
11Police investigation showed that the Applicant and the Offender had been drinking heavily all night and were involved in several arguments throughout the evening into the next day. Information was also provided that the Offender was trying to get away from the Offender when she tripped and fell to the floor in the living room. The Applicant turned to see the Offender coming at her prompting her to grab a knife that was on the coffee table just prior to the Applicant falling onto her. The Offender told the Police investigators that she heard an “air gasp” sound coming from the Applicant flowed by him uttering “you fucking whore, you stabbed me”. The Offender then grabbed the phone and called 911 and locked herself in the bedroom until Police arrived.
12The Offender was arrested for aggravated assault and remained in custody until the completion of her bail hearing.
13The Applicant also provided the CICB various documents in support of his claim.
14The CICB was in receipt of a medical report from [Name] Hospital which showed that the Applicant present at their emergency department with a stab wound to the chest. The Applicant was stabilized, a left chest tube was inserted and he was then transferred to [Name] Hospital where surgery to repair his chest wall was performed.
15The CICB was in receipt of medical reports from [Name] Hospital which noted that the Applicant was transferred from [Name] Hospital and presented with a stab wound to the anterior chest wall, which penetrated approximately 2 inches into the anterior chest wall. A chest tube was placed and on [date], 2016, he was taken to the operating room for thoracotomy, wedge resection and pleurectomy with flexible bronchoscopy. The Applicant was discharged from hospital on [date], 2016 with instructions.
16The CICB was in receipt of a Medical Report from [Name] the Applicant’s Family Physician. The Doctor’s report confirmed the above noted injuries and procedures performed at [Name] Hospital. The Report noted the Applicant's prognoses as fair chronic shortness of breath. The following was taken from Dr. [Name]'s Report to the legal representative dated September 26, 2017.
Due to [the Applicant’s] coexisting health conditions, it is difficult to determine how much impact this injury will have in the future. The pain from the injury and the surgery would be expected to resolve. His residual shortness of breath that he reported to […] is likely a combination of his underlying cardiac condition- including coronary artery disease and cardiac scarring leading to reduced left ventricular function as well as the effect of his pneumothorax and surgery. I am unable to accurately predict the future effect regarding psychological, emotional or social impact as I have not seen [the Applicant] in just over a year. It is reasonable to expect that there could be lingering affects regarding anxiety or mood that could require treatment (counselling and/ or medications). He had been taking an antidepressant medication prior to this injury and as far as I am aware continues to take this medication. Unfortunately, [the Applicant] has had previous physical and psychological trauma and this assault of March 2016 likely increased his risk for ongoing symptoms. In my opinion, he will always be prone to anxiety and depression.
Injuries
Physical
17The Applicant noted to the following injuries in his application to the CICB:
Collapsed lung requiring surgery;
Ongoing chest pain/numbness; and,
Surgery for collapsed lung.
Psychological/Emotional
Depression;
Anxiety;
Panic attacks;
Social isolation;
Sleeping problems - ongoing - difficulty sleeping most nights due to discomfort in my chest;
Low self-esteem- ongoing- my self-esteem is a little lower now; and
Intrusive thoughts- ongoing.
Analysis
18Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault causing bodily harm, committed on March 25, 2017, in the [City].
19Having considered the evidence presented in the Applicant’s application and the police information, the legal representative submissions, the CICB is persuaded that the Applicant suffered both physical and psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
20The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factors to the Applicant’s physical and psychological injuries.
21In assessing compensation for pain and suffering, the CICB was mindful of the circumstances of this incident and the physical and psychological injuries suffered by the Applicant and considered the following aggravating facts:
That the incident was apparently unprovoked;
That the Applicant and the Offender were living together in a common law relationship;
That the Applicant suffered both physical and psychological injuries:
That a weapon was used in the commission of a crime;
That the Applicant required surgical intervention;
That the Applicant was hospitalized for about nine days;
That the incident had considerable impact on the Applicant health, relationship and general emotional state.
22Having considered these factors, the CICB now awards the Applicant $9,000.00 for pain and suffering.
23The CICB authorizes up to $1,200.00 (exclusive of tax) 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 should 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 will be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant.
24Pursuant to section 22 of the Act, the CICB orders payment in the amount of $160.00 to Community Advocacy & Legal Centre for legal disbursements (Medical Reports).
Award
25The CICB orders payment as follows:
Section 7(1) (a) Future counselling $ 1,200.00
Section 7(1) (d) Pain and Suffering $ 9,000.00
Section 22 Legal disbursements $ 160.00
TOTAL AWARD (AND COSTS) $10,360.00
Less: Preauthorized treatment costs $ 1,200.00
TOTAL CURRENT AWARD $ 9,160.00
26The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
PAYMENT
27THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
Community Advocacy & Legal Centre $ 160.00
DATED at Toronto this 7th day of November, 2017
Keith Forde, Member