CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Christie Jefferson
Indexed as: (Re) 1611-00522
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking compensation for an assault that occurred on [date], 2017 where he sustained physical and psychological injuries. The incident was reported to Police and resulted in a conviction for assault.
Decision
2The CICB approves the claim and awards $5,000.00 for pain and suffering for the reasons set out below.
Issues
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries are the result of the crime pursuant to section 5(a) of the Act.
Evidence
4The hearing was conducted in writing on the basis of the materials contained in the claim.
5The CICB received the following documents with respect to the claim: Police Report and Hospital Records. As well the Applicant described the incident and injuries.
6The Applicant was waiting for a bus when strangers in a car drove up and started to harass him. They then got out of their car and assaulted the Applicant by punching him on the right side of his mouth and neck. The Applicant was able to call Police and took a photo of the car license plate as the assailants fled the scene. Police confirm that the Applicant was simply waiting for a bus and did nothing to provoke the assault. One of the perpetrators has been convicted of assault.
7Hospital Records confirm that the applicant had a sore neck and jaw such that he was having difficulties swallowing. Fortunately, nothing was broken, but the Applicant indicates he had trouble eating for a week, and that his cheek, tongue and neck were swollen and sore for some time. He also indicates that he became afraid to go into the area where he was assaulted, has nightmares of the assault, and fears a similar attack in the future.
Analysis and Decision
8The CICB is awarding $5,000.00 for pain and suffering as a result of the assault. The CICB considered that the Applicant was an innocent person who was simply waiting for a bus when he was targeted by several strangers who then harassed and assaulted him. The CICB considered his physical injuries which required emergency treatment at the hospital and caused ongoing difficulties in eating and swallowing for some time. The Applicant’s quick thinking allowed police to arrest the main perpetrator which resulted in a conviction. The CICB also considered the emotional impact of the crime on him, including nightmares and ongoing fear of attack.
Award
9The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $5,000.00
TOTAL AWARD $5,000.00
Payment
10THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 28th day of March, 2017.
Christie Jefferson, Member