CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Anne-Marie Langan
Indexed as: (Re) 1702-00525
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 as a result of an assault that occurred on [date], 2017 where he claims to have sustained physical and psychological injuries. The incidents were reported to the Police but as the date of this order, the Police have been unable to identify the suspects.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $5,000.00 for the reasons set out below.
HEARING
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
4The CICB received the following documents with respect to the claim:
a. Application: In his Application the Applicant describes how he was assaulted on [date], 2017 by several unknown males at a Tim Horton’s restaurant. He had asked a group of males who were loitering in front of the order counter talking to move aside so a female customer who had been waiting there behind them for some time could place her order. The Alleged Offenders were offended by the Applicant’s request and tried to get the Applicant to go outside so they could fight but the Applicant refused to go with them. The Applicant thought that the Alleged Offenders had left but a few minutes later, they returned and assaulted the Applicant in the by punching and kicking him. The Police took some time to arrive and by the time they arrived, the Alleged Offenders had left the restaurant. As a result of the assault, the Applicant suffered a concussion, broken nose, broken thumb on his left hand, and contusions to his right shoulder.
b. Police Report: The Police Incident Report reflects the facts as described in the Application and specifies that there were 7 males in total who were involved in assaulting the Applicant and that his glasses were taken off his face, his hand was grabbed, he was punched in the face and punched and kicked on his head, neck and face area. One of the suspects spat on the Applicant. The Applicant was assessed at a walk in clinic on [date], 2017 and was found to have a fracture of his left hand, a broken nose, a cut on his right shoulder, soreness on top and on the sides of his head and a concussion.
c. Medical Report by Dr. [Name]: This Medical Report confirms that as a result of the assault the Applicant had injuries to his face and left hand and fractured his 5th finger and thumb. As a result of his injuries the Applicant was unable to work from [date], 2017 to [date], 2017.
ANALYSIS AND DECISION
5The fact that there has not been a conviction is not fatal to the Applicant’s claim. Section 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 or death.
6Considering the evidence presented, as described above, the CICB finds the Applicant, on a balance of probabilities, to have been injured as a result of a crime of violence, perpetrated by several unknown offenders, and therefore, a victim within the meaning of section 5r(a) of the Act.
7In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and the extent of the Applicant’s injuries. More particularly in this case, the Applicant was attacked by several unknown males without provocation at a public location where the Applicant had gone to relax and socialize. As a result of this incident, the Applicant suffered from a broken nose, broken bones in his left hand, a concussion and a cut to his right shoulder. He continues to experience pain in his left hand.
8The Applicant’s claim was supported with reports from Police and a Medical Report.
9Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.
AWARD
10The CICB orders payment as follows:
Subsection 7(1) (d) Pain and Suffering $5,000.00
TOTAL AWARD (AND COSTS) $5,000.00
PAYMENT
11THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 23rd day of November, 2017
___________________________
Anne-Marie Langan, Member