Re 1606-03907, 2017 ONCICB 46

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: John Radmore Date: March 01, 2017 Indexed as: (Re) 1606-03907

ORDER

Introduction

1The Applicant brings this Application to the CICB in relation to injuries that he suffered as a result of an assault committed against him by a friend (the Offender) on [date], 2014 at the Applicant’s home. The Applicant has made claim for his pain and suffering and loss of income.

2Police Reports reveal that on the evening of the incident the Applicant was at his residence with the Offender and another friend. The Applicant and the Offender became engaged in an argument that led to the Offender punching the Applicant multiple times in the face and head until the Applicant fell to the floor. While he was prone, the Offender picked up a lamp and threatened to strike him. The Applicant’s other friend intervened and assisted the Applicant to a chair. The Offender punched the Applicant again causing a nasal injury and profuse bleeding. The Offender left the residence after the Applicant and his other friend agreed not to call the police. A short time later the Offender barged into the home carrying a gas can. He doused the Applicant with gasoline and set him on fire. The other male fled the home and sought assistance. Emergency services attended the scene and the Applicant was transported to the Hospital for treatment of his injuries. The investigation led to the Offender being charged with attempted murder, arson causing bodily harm, aggravated assault and arson (property damage). He was convicted of arson causing bodily harm, aggravated assault, arson (damage) and assault and sentenced to 10 years and 2 months in custody.

Evidence

3Hospital Reports indicate that on the incident date the Applicant presented with deep partial thickness burns to his neck, chest, abdomen and left arm. There were also concerns that the Applicant had an inhalation injury. The following day he underwent skin debridement and skin grafting harvested from his thighs. Testing determined that the Applicant had not suffered any inhalation injuries. During his hospitalization the Applicant experienced considerable agitation as his burns continued to heal. He received physiotherapy and his pain was managed until his discharge on [date], 2014. Arrangements were made for dressing changes and follow-up appointments.

4The Applicant’s Family Physician provided the CICB with a Medical Report that indicates that the Applicant suffered severe burns to approximately 25% of his body that required debridement and skin grafting. It is noted that the Applicant has physically healed but he continues to struggle with anxiety.

5In a self-report of injuries the Applicant advised that following the incident he was in excruciating pain that required him to be on large quantities of pain medication. He was unable to sleep and frequent dressing changes exacerbated his pain. Intubation tubes caused injuries to his voice that prevented him from singing during his recovery. Extensive physiotherapy caused severe discomfort due to skin/burn stretching and pulling. These issues also did not allow him to participate in previously enjoyed activities. The extensive scarring is a constant reminder of the horrific incident. He was not permitted to expose his skin to the sun for two years. His scarring/healing caused constant itching.

6For a period of time he self-medicated with alcohol and he was prescribed medications for anxiety and depression. The Applicant experienced anger, loss of self-confidence and fear of people in general. He attended appointments for the psychological impact of the incident but he was not ready to engage in the process. The Applicant experienced the loss of his personal property in the fire.

Claims

7Loss of Income: Unspecified. The Applicant has advised that he was not employed at the time of the incident.

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.

• Whether the Applicant should be compensated for the claimed expenses/loss of income.

Analysis and Decision

9Having considered the evidence presented the CICB finds that the Applicant suffered bodily harm as a result of an assault and arson. 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 a cruel and unprovoked attack at the hands of an individual who had previously been a friend. In assessing compensation the CICB considered the nature of the incident, the painful injuries sustained and recovery period, the medical procedures endured, the scarring that remains and the psychological impact that this despicable crime has had upon the Applicant. Having considered these factors, the CICB awards $15,000.00 for pain and suffering.

11It is the CICB’s usual practice to consider awarding income loss only in situations where an Applicant was actually employed at the time of the incident. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to make an award for income loss.

Award

12The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $15,000.00

TOTAL AWARD $15,000.00

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 $15,000.00