(Re) 1605-03430, 2017 ONCICB 36

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: George Berrigan
Date: February 19, 2017
Indexed as: (Re) 1605-03430

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from crimes of violence which occurred on [date] in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the "Act"). He claims compensation in the form of pain and suffering as a result of being slashed with a knife by a stranger.

2The Offender was found guilty of Aggravated Assault contrary to section 268 of the Criminal Code. He was sentenced to a penitentiary term.

Issue

3The issue before the CICB is whether or not the Applicant suffered any injury as a result of a crime of violence within the meaning of subsection 5(a) of the Act. If the answer is in the affirmative, the CICB must determine whether the Applicant is compensable and what the appropriate amount of compensation will be.

Analysis and Decision

4The information described herein is based on the information contained in the Application and in the appended documents including the Police Reports and reports from health centres.

5The Applicant was on transit when the incident occurred. The Offender was on the same car and acting irrationally and violent. He attempted to entice other patrons into arguments. He approached the Applicant, who was seated. The Offender asked the Applicant what his problem was. As the Applicant stood up the Offender slashed his neck with a large knife. The Offender managed to leave and was arrested two days later.

6The Applicant states as a result of the injury his neck hurts all of the time. One side of his body and face are numb and he suffers headaches, which he did not pre-assault.

7The Applicant suffered an injury to his neck in particular the carotid artery. Sutures were used to close the wound and the Applicant had some blood loss. This resulted in admission to hospital on [date] and discharge on [date]. The reporting Surgeon states he suffered nerve damage to the left shoulder and left ear. The Applicant had pre-existing ADHD and Chronic Anxiety Disorder. The Physician reports episodic head shaking and facial numbness. His pre-existing mental health conditions were exacerbated with increased irritability and anger.

8Section 11 of the Act, states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.

9In arriving at an award for pain and suffering the CICB first considers the nature of the crime of violence. The Applicant was randomly stabbed with a knife while on public transit. The attacker was a complete stranger.

10Next, the CICB considers the degree/nature of injuries suffered. The Applicant had a stab wound to his neck which damaged the carotid artery. His injury was such that he had a multi-day stay in hospital. He has ongoing issues with numbness and headaches. He suffered an exacerbation of previous mental health issues by increased anger and irritability.

11In consideration of the foregoing the CICB awards the Applicant $6,000.00 for pain and suffering.

Award

12The CICB orders payment as follows

Section 7(1)(d) Pain and Suffering $6,000.00

TOTAL AWARD $6,000.00

13The 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

14THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $6,000.00