(Re) 1509-00859, 2017 ONCICB 345

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicators: Lisa Barazzutti, John Spekkens
Date: November 29, 2017
Indexed as: (Re) 1509-00859

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for a crime of violence. The incident occurred on [date], 2013 involving the Offender which resulted in a conviction. This claim is being made 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, treatment expenses and travel to treatment expenses.

2With respect to the [date], 2013 incident, the Offender was convicted of assault with a weapon.

Preliminary Issues

3With respect to the incident involving the Offender, section 11 of the Act provides that proof of conviction shall be taken as conclusive evidence that the offence has been committed. Accordingly, the Applicant need not prove that she was a victim of a crime of violence however she must still establish that she suffered injury as required by section 5(a) of the Act.

Applicant’s Evidence

4On [date], 2013 in [City], Ontario, the Applicant was assaulted and threatened by the Offender, a stranger living in the same rooming house. The Offender threatened to kill the Applicant with a knife in the common kitchen and proceeded to make a stabbing motion. Also, the Offender called the Applicant “homophobic names.” The Applicant contacted Police. The Offender was charged and was ultimately convicted of assault with a weapon.

5With respect to injuries, the Applicant testified that she sustained no physical injuries with respect to this incident. As for emotional injuries, the Applicant testified that she continues to experience flashbacks relating to this incident and that she fears running into the Offender again. She indicated to the Panel that she was stressed out over this incident. She further advised that she was finding it very difficult to have to live with this incident given the manner upon which it had impacted her emotionally. She indicates that she is still fearful of the possibility of running into the Offender. She indicated that she did see a Psychologist to talk about the incident and its impact upon her. Her Family Doctor submitted a Report indicating that the Applicant had been prescribed Sertraline for her anxiety and depression. The same Report indicated that the Applicant has a history of anxiety and depression.

Analysis

6The fact the Offender was convicted is conclusive evidence the crime of violence was committed. According, I find the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a crime of violence perpetrated by the Offender with respect to this incident.

Decision

7In assessing compensation for pain and suffering, I have considered the testimony of the Applicant and the documentation on file. There were no medical records on file with respect to the physical injuries in conjunction with this incident as the Applicant did not seek any medical attention for any physical injuries. The Police Records on file indicate that they did not note any physical injuries. The Applicant at the hearing testified that she did not sustain any physical injuries.

8With respect to emotional injuries, the Applicant testified at the hearing that she continues to experience flashbacks and is cautious about her surroundings. She reports having felt stressed out by this incident. Having considered these factors, the CICB awards the Applicant $2,500.00 in pain and suffering.

9In her Application, the Applicant makes a claim for treatment expenses and travel to treatment expenses. No receipts or details relating to any treatment dates were provided by the Applicant. The CICB generally requires receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amounts claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for treatment.

Award

10The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $2,500.00

TOTAL AWARD (AND COSTS) $2,500.00

11The 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

12THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $2,500.00