Re 1603-02833, 2017 ONCICB 44

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: John Radmore
Date: March 01, 2017
Indexed as: (Re) 1603-02833

ORDER

Introduction

1The Applicant brings this application to the CICB in relation to injuries that she suffered as a result of an assault committed against her by a neighbour (the Offender) on [date], 2014. She has made claim for her pain and suffering.

2In written submissions to the CICB the Applicant advised that on the incident date the Offender was in an intoxicated state and began screaming obscenities at a female driving down the street. The Applicant’s daughter was outside the Applicant’s residence with her children. She requested that the Offender stop swearing in front of the children. The Applicant approached the Offender in an attempt to calm him down but the Offender challenged her to fight. When the Applicant declined and turned to leave the Offender put her in a headlock and wrestled her to the ground. He repeatedly punched her on the back of the head. The Offender stopped the assault when the Applicant’s daughter advised that the Police were on their way. The Offender threatened to kill the Applicant and bury her in an alley.

3Police Reports provide an account of the incident that is consistent with the Applicant’s written submissions to the CICB. The Offender was charged and convicted of Assault and Uttering Death Threats. He was sentenced to probation for one year.

Evidence

4Hospital Reports reveal that on the incident date the Applicant presented with complaints of neck pain, right shoulder pain and a headache. Multiple head contusions were observed. X-rays of the Applicant’s right shoulder showed evidence of a previous injury but no fractures. An ultrasound of the Applicant’s cervical spine revealed degenerative changes at C5-C6. She was discharged on the same date with a diagnosis of multiple contusions.

5The Applicant’s Family Physician provided the CICB with a Medical Report that indicates that as a result of the assault the Applicant suffered a concussion, a cervical spine strain and disc herniation and vertigo. The prognosis is poor as the Applicant has suffered chronic neck pain and intermittent vertigo for two years.

6A Chiropractic Report advises that the Applicant attends twice weekly decompression therapy for her cervical disc injury.

7In a self-report of injuries the Applicant advised that she has suffered headaches and dizziness since the incident. An ultrasound has determined that she suffered disc damage to her neck that has resulted in ongoing pain. Fear of the Offender led to the Applicant moving from the neighbourhood where she has lived for many years.

Issues

8The CICB must determine the following:

• Whether the Applicant suffered injuries as a result of crimes of violence within the meaning of section 5(a) of the Act.

• If so, an appropriate level of compensation, if any, for the Applicant’s pain and suffering.

Analysis and Decision

9Having considered the evidence presented the CICB finds that the Applicant suffered bodily harm as a result of an assault committed against her by the Offender on [date], 2014. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.

10The Applicant was the victim of an unprovoked and senseless assault at the hands of the Offender. In assessing compensation the CICB considered the nature of the assault, the physical injuries sustained that includes ongoing symptoms stemming from cervical disc injuries and the psychological impact upon the Applicant. The CICB was also mindful of the disruption in the Applicant’s life that has included moving from her long time residence. Having considered these factors, the CICB awards $8,000.00 for pain and suffering.

Award

11The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $8,000.00

TOTAL AWARD $8,000.00

12The 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

13THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $8,000.00