CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1612-00839
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 pain and suffering for the physical and emotional injuries that she claims she sustained as a result of the incident that happened on [date], 2016, in the Province of Ontario. No charges were laid in this matter.
DECISION
2For the reasons set out below, the CICB approves the claim made by the Applicant in relation to the incident that happened on [date], 2016 and caused her injuries at the hands of the Alleged Offenders, as mentioned above, and awards the Applicant the sum of $3,000.00 as compensation for pain and suffering. The CICB also approves the sum of $1,200.00 for future pre-authorized counselling to be used within 36 months from the date of this Order.
ISSUES
3Pursuant to subsection 5(a) of the Act, the CICB must determine on a balance of probabilities,
a) Whether a crime of violence occurred against the victim that caused injuries; and if so;
b) The nature and extent of the injuries sustained;
c) Whether compensation should be awarded and if so, determine the amount;
d) Consider incident related expenses including future counselling.
EVIDENCE
Applicant’s written submissions regarding the incident
4In her written Application to the CICB, the Applicant describes single incident of assault that happened at her sister’s home where she had gone for dinner at her sister’s request. In this matter, her sister is the Alleged Offender 1. The Applicant adds that at some point of the dinner, the Alleged Offender 1 began to verbally abuse the Applicant over a bowl of dinner soup. The Alleged Offender 1 yelled at the Applicant and also physically assaulted her. The physical assault entailed pushing, slapping/hitting in the face and kicking about the upper torso and upper body. The Alleged Offender 1 also kicked the Applicant’s service dog. The Applicant also claims that her brother-in-law (Alleged Offender 2) grabbed her from behind and head-locked her, which provided another opportunity to the Alleged Offender 1 to further hit and kick the Applicant.
Applicant’s written submissions regarding her injuries
5In her Application, the Applicant describes that she lost her glasses/broken; two missing teeth; head injuries from blows to the head; ribs injuries; punctured lungs; scar in the forehead; severe headaches; sprained arms;
6In terms of emotional injuries, she suffered from anxiety, depression, anger, mood swings, suicidal ideations, revenge thoughts and nervousness.
ORAL HEARING
7In her sworn oral testimony before the CICB on October 27, 2017, the Applicant told that, on the day of the incident, she was at Alleged Offender 1's home. She had been invited to attend dinner there. Within about 10 minutes of her arrival there, an argument ensued between the Applicant and the Alleged Offender 1 over a bowl of soup. The Alleged Offender yelled at the Applicant, insulted her, slapped and hit her in the face. Alleged Offender 1’s daughter and Alleged Offender 2 also assaulted her. Alleged Offender 1 hit/punched the Applicant on the head and she started bleeding. Alleged Offender 2 grabbed the Applicant from behind and dug his fist in her stomach, which was hurtful. The Applicant finally broke free and left after 10 minutes of beating. Alleged Offender 1 kicked the Applicant’s dog as well. While driving home, the Applicant notified Police about the incident. Later, the Police interviewed her at her home. The Applicant elected not to press charges, however, she asked police to advise the Alleged Offender 1 not to contact her. The Applicant was offered ambulance by Police, but she declined.
8In terms of her injuries, the Applicant testified that her physical injuries included loose teeth, headaches, stomach ache, fingers hurt having been stomped on. She added that she did not seek any medical attention for her physical injuries.
9Her emotional injuries included a lot of anger, depression, humiliation, nightmares, flashbacks and anxiety. She added that first three months were very bad. She is a lot better now. Still some days are good, some days are bad. It will take her a long time to overcome the impact of the assault. She lost her self-esteem due to worst beating.
10When asked by the Panel if she reported the assault and the resultant injuries to her Family Physician, the Applicant stated she “did not report to family physician.” She, however, added that she sought treatment from her Chiropractor and Psychiatrist. She thinks she needs constant counselling to address her emotional issues.
11When asked by the Panel to elaborate her claim of “punctured lungs, missing teeth, rib injuries and a scar on the forehead” the Applicant stated that what she meant was loose teeth (not broken or missing) soreness in the area of ribs