CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: George Berrigan
Indexed as: (Re) 1606-03702
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for injuries resulting from a crime 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”). She claims compensation in the form of pain and suffering and expenses as a result of being physically assaulted by the Offender, a stranger.
2The Offender was found guilty of Assault Causing Bodily Harm contrary to section 268 of the Criminal Code.
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 Hospital Reports.
5The Applicant was leaving the Gap store. She paused momentarily to check her shopping bag. She was approached head butted and chest bumped by the Offender. This knocked her to the floor where she injured her wrist. The Offender fled from the mall. The Applicant was taken to hospital by ambulance.
6The Applicant suffered what is medically described as a left distal radius extra-articular fracture with the distal fragment displaced dorsally. There was also evidence of an ulnar styloid fracture.
7Initially the Applicant had pain in her wrist/hand. She went to hospital where the fracture was diagnosed. Her wrist was cast and she was discharged with pain killers. After two days her hand was swollen and painful with accompanying headaches. She returned to hospital where the cast was removed. Her hand/wrist was bruised and swollen. A cast was re-applied. It was anticipated that the Applicant would wear the cast for six weeks.
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, who was [number] years of age, was in a public area when she was assaulted by a complete stranger.
10Next, the CICB considers the degree/nature of injuries suffered. The Applicant suffered a fractured wrist that healed with complications. The Applicant considers the pain involved and the difficult healing process.
11In consideration of the foregoing the CICB awards the Applicant $4,500.00 for pain and suffering. The CICB also awards a $45.00 ambulance expense.
Award
12The CICB orders payment as follows:
Section 7(1)(a) Ambulance expense $ 45.00
Section 7(1)(d) Pain and Suffering $4,500.00
TOTAL AWARD $4,545.00
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 $4,545.00
DATED at Toronto this 19th day of February, 2017.
George Berrigan, Member