(Re) 1705-01340, 2017 ONCICB 385

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Keith Forde

Date: December 28, 2017

Indexed as: (Re) 1705-01340

ORDER

1One of the incidents referred to in this Order took place [outside Canada]. Under the Act the Criminal Injuries Compensation Board (CICB) has jurisdiction to consider only those acts of violence that occurred in Ontario. Consequently, the incident that happened [outside Canada] and any injuries sustained or expenses incurred as a result thereof, fall outside the jurisdiction of this CICB. The incident that happened [outside Canada] has been referenced herein purely for contextual reasons.

Introduction

2The Applicant is seeking compensation from the CICB pursuant to section 5(a) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”).

3The Applicant is seeking compensation for pain and suffering for psychological injuries as a result of being allegedly threatened with death or bodily harm by the Alleged Offender, her fiancé, on [date], 2016, while she was at home in [City].

4The Alleged Offender was charged with uttering threats to cause death or bodily harm by [Name] Police Service. The charge was subsequently withdrawn in court.

5The CICB grants compensation to the Applicant in the amount of $2,000.00 for pain and suffering for the reasons set out below.

Issues

6The Applicant is required to prove, on a balance of probabilities, not only that she was a victim of a crime of violence, but also that as a result of this crime of violence, she suffered an injury pursuant to section 5(a) of the Act;

• The CICB shall make an assessment of the severity of injuries suffered by the applicant as a result off the crime of violence;

• The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount.

Evidence

Applicant's Evidence

7The following is a summary of the facts and circumstances taken from the Applicant’s Application and from the [Name] Police Service correspondences to the CICB. The Applicant telephoned [Name] Police Service and reported the following:

a. The Applicant and the Alleged Offender had been involved in a common law relationship and reside together in an apartment in [City]. In the winter, both the applicant and the Alleged Offender reside at a condominium [outside Canada]. In the year 2016 the Alleged Offender went to [condo] alone. The applicant did not go and advised that she would be arriving after New Year 2016. The applicant did not go down to [condo] with the Alleged Offender as she had been diagnosed with skin cancer and required surgery and chemotherapy.

b. The Applicant kept her sickness from the Alleged Offender the reason that she was not travelling with him to [condo]. Eventually the Applicant told the Alleged Offender over the telephone that she had skin cancer and had undergone treatment. This news made the Alleged Offender extremely angry.

c. The Applicant then told the Alleged Offender that she had been cleared by her physician to travel and would join him [at condo] for a month. Upon hearing this, the Alleged Offender did not want the applicant to come to [condo], citing that she would only be a burden on his assets because of her condition.

d. On [date], 2016, at about 9:00 p.m., the Applicant was on the telephone speaking with the Alleged Offender, advising him of her plans to travel down to [condo] to pick up her clothes and return immediately to Canada. Upon hearing this, the Alleged Offender told the Applicant that if she came on the property he would contact police. He further told the Applicant, "I wish I could put my hands around your neck and throttle you." The Applicant immediately ended the conversation with the Alleged Offender and hasn't spoken to him since.

e. After receiving the threat, the Applicant became fearful for her life and contacted [Landlord] and had the locks changed on her doors although the Alleged Offender was listed on the lease. The Applicant advised the police that she is extremely fearful of the Alleged Offender due his large stature [description]. When questioned by [Name] Regional Police, the Applicant assured the police that the Alleged Offender has never struck her and had only said a similar thing to her approximately one year prior while they were in [condo].

f. The Alleged Offender was subsequently charged when he returned to Canada.

8The Applicant also provided the CICB with various documents in support of her claim:

• The CICB was in receipt of a letter from the Applicant's Therapist dated [date], 2017, which noted the Applicant suffered from the following symptoms:

o Loss of sense of safety, loss of confidence, distress, frozen in time, fearful of the Alleged Offender, broken hearted, severe anxiety, depression and insomnia.

Injuries

Psychological/Emotional

9The Applicant noted the following psychological injuries in her Application to the CICB:

a. Difficulties focusing while driving which affects livelihood as a taxi driver;

b. Sleep disturbance requiring medication;

c. Anxiety;

d. Depression; and

e. Only work during daytime.

Analysis

10The fact that there has not been a conviction does not mean a denial of this 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. The CICB must determine whether the Applicant was the victim of a crime of violence when the Alleged Offender threatened her with death or bodily harm on [date], 2016.

11In this matter, the Applicant alleges that she was threatened with death or bodily harm by the Alleged Offender, her fiancé. The CICB finds this to be the case on a balance of probabilities. The evidence clearly supports the Applicant’s allegations that she was threatened.

12Having considered the evidence presented in the Applicant’s Application and the police information, the CICB is persuaded that the Applicant suffered psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.

13The CICB accepts that the Applicant suffered psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Alleged Offender's crime contributed to the Applicant’s ongoing psychological injuries.

14In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the police synopsis as well as the therapy report on file. The CICB was mindful of the circumstances of this incident and emotional injuries suffered by the applicant and considered the following aggravated facts:

a. The nature of the incident which was a threat to cause death or bodily harm to the Applicant;

b. That the Applicant suffered psychological injuries;

c. That the Applicant and the Alleged Offender were engaged to be married;

d. That the Applicant still suffers from the aftermath of the threat; and

e. That the threat had considerable impact on the Applicant’s health and general emotional state.

15Having considered these factors, the CICB now awards the Applicant $2,000.00 for pain and suffering.

Award

16The CICB orders payment as follows

Section 7(1) (d) Pain and Suffering $2,000.00

TOTAL AWARD $2,000.00

17The 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

18THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $2,000.00