CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes, Kirsten Kurzuk
Indexed as: (Re) 1606-03739
ORDER
Preliminary Matter
1The Applicant, having been duly notified of the hearing, failed to attend the hearing. Pursuant to section 7 of the Statutory Powers Procedure Act, the CICB proceeded to hear this Application based on the documentary evidence filed with it.
Introduction
2In this case, the Applicant claimed that his adult son (the Offender) was living with him for a period of two weeks, during which the Applicant was subjected to threats and assaults at the hands of the Offender.
3In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act; what injury, if any, arose from it; and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Incident
4In his May 2016 submission to the CICB, the Applicant wrote about the major incident of assault which occurred on [date], 2014 after the Offender had been staying in his home for the previous two weeks, while waiting to move into a new apartment. Early that evening, the Applicant was informed that his sister passed away. Then, the Offender began acting aggressively towards the Applicant who warned the Offender that he needed to calm down or he would have to leave. The Offender became enraged, he grabbed the Applicant by his throat and pushed him through a storm door and then they tumbled down the front steps onto the driveway. The Applicant called to his neighbours to call 911. The Offender then punched the Applicant’s head and struck his face several times with his knee.
5The next thing the Applicant recalled was his neighbours were standing around him and they were waiting for the ambulance to arrive. Also, the Applicant wrote that he was unable to speak.
6The CICB also received a letter, dated [date], 2014, from the Applicant’s neighbour who reported that the Offender had threatened to kill the Applicant on several occasions before the incident on [date], 2014 and this could also be confirmed by the Applicant’s mother. Prior to the June [date] incident, the Offender assaulted the Applicant and broke his collar bone. In the [date] incident, the Offender shattered the Applicant’s lower jaw which required a plate to be inserted. The Applicant was unable to eat solid foods for more than a month. Also, the Applicant’s head hit the concrete steps during this incident which also could have easily killed him.
Police Report
7The CICB received several reports from the [Name] Police Service in support of the Applicant’s claim. Police confirmed that about 9:30 p.m. on [date], 2014, the Offender became upset with the Applicant over his instructions how to operate a kitchen appliance. This resulted in a physical altercation where the Offender lunged at the Applicant and pushed him through a screen door and rolling down the cement stairs onto the driveway. Then, the Offender sat on top of the Applicant and punched him three or four times. Police reported that as a result, the Applicant had facial injuries and a broken jaw which required surgery to install a metal plate in the side of his cheek. He also had bruises, cuts and scrapes and a contusion on the back of his head.
8Police also confirmed that as a result of this incident, the Offender was charged and convicted of aggravated assault.
Injuries
9In his submission to the CICB, the Applicant wrote that he was taken to the hospital via ambulance, where he received surgery to repair his jaw. Also, the Applicant wrote that since then, he had three additional surgeries to repair the injuries to his jaw.
Medical Reports
10The Applicant was received at the Emergency Department of [Name] General Hospital which noted that he presented with bilateral mandibular (jaw) fractures. A CT Scan to the Applicant’s head and face revealed two fractures in the Applicant’s jaw – both the right and left sides. An x-ray confirmed there were no additional broken bones. The Applicant had “uneventful” surgery on his jaw and he was released from hospital two days later with medications and instructions to be on a liquid diet for at least six weeks.
11The Applicant’s injuries and progress was assessed by Dr. [Name] on [date], 2014 (nearly two months later) and he was identified for subsequent surgical intervention to remove his bone plate and a tooth.
12On [date], 2014 the Applicant received his second surgery in which a tooth was removed and the original plate was replaced with a new plate.
13On [date], 2014, the Applicant received his third surgery to remove the second plate and two additional teeth. Also, he was identified as a patient who would require “extensive intermaxillary fixation and further bone plating/grafting”.
14On [date], 2014, the Applicant received his fourth surgery which made changes to both sides of his jaw involving screws, wires and another plate.
15The CICB received a Dental Report, dated [date], 2017, from an Oral Surgeon, [Name] who noted that the Applicant suffered from “bilateral compound fractures of the jaw”. As a result, he had multiple surgeries between [date] 2014 and [date] 2016. He was referred to Dr. [Name] at [Name] Hospital for “non- union” issues with his jaw. In total, $3,891.86 was paid for the dental work performed on the Applicant. This Oral Surgeon noted that due to the fact that the Applicant’s jaw continued to be “un-healed as he was suffering from chronic non-union issues which may lead to a future need for re-construction of his jaw”. Also, the Applicant was required to have his jaw wired shut for an “extended period of time”.
16The CICB received a Therapy Report, dated [date] 2016, from [Name], which confirmed the major incident of June 2014 and noted that there were numerous previous incidents in which the Applicant was assaulted by the Offender, including an April 2013 incident in which the Applicant was assaulted by the Offender and broke his collar bone. This Therapist notes that the June 2014 incident resulted in a need for four surgeries on the Applicant’s jaw and an fifth surgery was being scheduled.
17As a result of these incidents, the Applicant suffered from “recurrent episodes of depression and suicidal ideations” which led to him being hospitalized twice – between [dates 2016]. The Applicant re-lives the incidents of the past with flashbacks and sleep difficulties. This Therapist also noted that the Offender committed suicide in August 2015.
18Ongoing, the Applicant’s prognosis for recovery was noted as “poor as his depression issues are chronic and resistant to treatment”. Also, the Applicant was on ODSP and he had pre-existing depression issues before the incidents with the Offender. This Counsellor provided “numerous treatments” to the Applicant, with the last session being in November 2016.
Analysis and Decision
19Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of aggravated assault.
20With respect to the other incidents of alleged threats and physical assaults, the CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of Assault, and therefore, a victim within the meaning of section 5(a) of the Act as a result of the multiple acts of uttering threats and physical assaults which occurred over a period of time and were committed by the Offender. The CICB finds that the abuse took place occasionally over a period of eighteen months between 2013 and [date] 2014.
21In assessing compensation for pain and suffering, the CICB has considered the nature of these incidents and how they affected the Applicant. In this case, the Applicant was threatened and assaulted on numerous occasions with a significant event in June 2014. As a result, the Applicant suffered from a broken collar bone and a broken jaw which required at least four surgeries to repair. On an emotional level, these incidents exacerbated the Applicant’s pre-existing depression issues to the point where he had sleep difficulties and flashbacks which led to suicidal ideations with significant depression and leading to two periods of hospitalization.
22The Applicant’s claim was supported with reports from police services, the [name] Hospital, several doctors and a therapist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $10,000.00.
Award
23The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD $10,000.00
24The 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
25THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
DATED at Toronto this 29th day of December, 2017.
Jo-Anne Hughes, Member
Kirsten Kurzuk, Member