CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1605-03648
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 stranger (the Offender) at a friend’s home on [date], 2015. She has made claim for her pain and suffering.
2In written submissions the Applicant advised that on the incident date she was visiting a friend’s home. The Offender who was a stranger to her was also at the home. He was in an intoxicated state and the Applicant witnessed him being physically violent with his daughter. When the Applicant verbally intervened the Offender repeatedly struck her in the face. In a self-report of injuries the Applicant advised that she suffered a broken nose, 2 black eyes, a split lip and four broken front teeth. Her eyes and nose were swollen to the stage that she was unable to see properly for two weeks. Her dental injuries made eating difficult. Her nasal fracture was painful and required 6-8 weeks to heal. The Applicant’s ongoing fear of the Offender has resulted in her isolating herself at home and experiencing fear when she is alone.
3Police Reports provide an account of the incident that is consistent with the Applicant’s written submissions to the CICB. The investigation led to the Offender being arrested, charged and convicted of assault causing bodily harm.
4Medical Reports indicate that on [date], 2015 the Applicant attended the facility in relation to injuries that she had suffered in an assault the previous day. She presented with complaints of a headache and facial pain. X-rays revealed that she had suffered a comminuted fracture of her nasal bones. She was referred for follow up at a plastic surgery clinic.
5Hospital Reports reveal that the Applicant was examined on [date], 2015 in regards to her nasal fracture. At that time it was determined that the injury could be treated conservatively.
6A Dental Report indicates that the Applicant was examined post incident and that there was no evidence of dental damage related to trauma. All dental issues were pre-existing.
Issues
7The 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 expense claim is supported.
Analysis and Decision
8Having 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. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
9In relation to the Applicant’s injuries the CICB accepts that she suffered the injuries as described in the submitted Hospital and Medical Reports. However, the CICB finds no evidence in support of the Applicant’s claim that she suffered dental injuries in this incident.
10In assessing compensation the CICB considered the violent nature of the incident, the physical injuries sustained and the emotional impact upon the Applicant. Having considered these factors, the CICB awards $5,000.00 for pain and suffering.
11The CICB generally requires receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for eyeglasses.
Award
12The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $5,000.00
TOTAL AWARD $5,000.00
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 $5,000.00
DATED at Toronto this 10th day of 2017.
John Radmore, Member