Re 1511-01261, 2017 ONCICB 47

Criminal Injuries Compensation Board

Adjudicator: Dawn Sullivan
Date: March 06, 2017
Indexed as: (Re) 1511-01261

ORDER

Introduction

1The Applicant asks the Criminal Injuries Compensation Board (“CICB”) to compensate him for injuries resulting from a crime of violence perpetrated by the Offender on [date], 2013 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant seeks compensation for pain and suffering and travel expenses.

Issue

2The CICB must determine the extent of the Applicant’s injuries and the appropriate level of compensation.

Analysis and Decision

3Police documentation indicates that the Offender punched the Applicant in the hand just as the Applicant was taking a drink from a glass of wine. The punch caused the glass to hit the Applicant in the face resulting in a laceration to his chin. The Offender pled guilty to Assault with a Weapon.

4The fact the Offender has been convicted of a crime of violence is conclusive evidence the event occurred. Having considered the documentary evidence on file regarding the Applicant’s injuries, I find that he is a victim within the meaning of section 5(a) of the Act.

5In assessing compensation for pain and suffering, I considered the nature of the incident and the injuries sustained. The Applicant suffered a laceration to his chin that required 11 stitches to close and has resulted in a permanent scar. The Applicant indicates that he is now scared to leave his home during the evening as he is worried of running into the Offender. He is constantly reminded of the incident when he looks in the mirror and finds it difficult to shave near the site of the wound. Having considered the factors, the CICB awards the Applicant $1,000.00 in pain and suffering.

6It is the CICB’s practice to only consider travel to treatment costs when an Applicant is required to travel more than 40 kilometres each way (80 kilometres round trip) outside of his city of residence for treatment. The CICB finds no compelling reason to deviate from that practice under the circumstances. Since the Applicant was not required to travel more than 40 kilometres each way for his treatment, the CICB denies his claim in the amount of $80.00 for the taxi and parking ticket.

Award

7The CICB now orders payment as follows:

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

TOTAL ORDERED AT THIS HEARING: $1,000.00

Payment

8THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $1,000.00