CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1606-03845
ORDER
Introduction
1In this case, the Applicant claimed he was physically assaulted by two men (the Offender and the Alleged Offender) while he was working outside of a store.
2In 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, rose from it; and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Evidence
Incident
3In his May 2016 submission to the CICB, the Applicant wrote that while working late in the evening at a [Name] store, he was attacked outside the store by two men with a tire iron. He was hit on his back and face which knocked out three teeth. They held him down and took his keys and they drove away in the Applicant’s vehicle. The Applicant went back into the store and called 911 for assistance.
Police Report
4The CICB received a Report from the Police which confirmed the Applicant’s description of the incident. As a result of their investigation, Police charged the Offender with aggravated assault and robbery with violence - he was convicted on both charges.
Injuries
5In his submission to the CICB, the Applicant wrote that he was hit with a tire iron on his back, left cheek and mouth which knocked out his three top teeth. Also, he provided several photos of his injuries.
Medical Reports
6The CICB received reports from the Hospital which confirmed the Applicant was taken there for treatment. He was referred to dentistry at [Name] Hospital for his three broken teeth.
7A Dental Report from Dr. [Name] noted that prior to this incident, the Applicant was missing four teeth - #16, 26, 35 and 45. Also, he had poor dental hygiene and moderate periodontitis. The Dentist noted that three teeth were affected in this incident. Tooth #12 was repaired and tooth # 11 and 21 were knocked out. The Dentist provided a $10,000.00 estimate to provide two dental implants to replace the teeth which were knocked out during this incident. The Dentist also wrote “This case is an exception considering the extent of bone loss which the [Applicant] has suffered. This will likely compromise the long term prognosis of the bridge.” (A dental bridge was a possibility, but not estimated due to this exceptional issue.) Finally, the Dentist confirmed that the proposed dental work was completed and paid for by the WSIB.
Expenses
8The Applicant submitted a paid invoice showing his expense of $45.00 for an ambulance trip to the Hospital.
9The CICB received a report from the WSIB which confirmed that it paid the Applicant for the time he was off work related to this incident.
10Also, the Applicant noted in his submission to the CICB, that the WSIB paid for his expenses related to dental treatments, prescription drugs and counselling/therapy.
Analysis and Decision
11Section 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.
12In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was attacked by two men who stole his keys and vehicle. The Applicant was hit three times with a tire iron which resulted with a bruise on his back, a cut on his cheek and three teeth smashed. The Applicant also had to take some time off work which was covered by WSIB.
13The Applicant’s claim was supported with reports from Police, a Hospital and a Dentist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $6,000.00.
14The CICB considered the expense claims submitted by the Applicant, for an ambulance expense, for which a receipt was provided. The CICB finds such a cost to be both reasonable and within the context of the Act and will therefore award $45.00 for such costs.
Award
15The CICB orders payment as follows:
Section 7(1)(a) Expenses (ambulance) $ 45.00
Section 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD (AND COSTS) $6,045.00
16The 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
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,045.00
DATED at Toronto this 28th day of March, 2017.
Jo-Anne Hughes, Member