CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1610-00211
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 pain and suffering as a result of physical assaults that occurred on [date] 2015 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction for assault and one year probation.
Decision
2The CICB approves the claim and awards the Applicant the sum of $2,000.00 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 her injuries are the result of the crime pursuant to subsection 5(a) of the Act.
Evidence
4The hearing was conducted in writing on the basis of the materials contained in the Applicant's file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report dated [date], Hospital Records dated [date], and video and tapes of the Offender's complaints and threats.
6The Applicant was assaulted by her brother while in the trailer. She was attended to by the EMS and then taken to the Hospital to be treated for her injuries. In her Application form to the CICB the Applicant states that she has been living in constant fear of being assaulted again. She experiences flashbacks and feelings of anxiety. The Applicant had also proffered photographs of her injuries.
7Several messages from the Offender recorded on video and tape and proffered to the CICB by the Applicant.
Police Report
8The Police Report states that on [date] 2015 the Police Service received a call about an assault. In her statement to the Police the Applicant stated that her brother, the Offender, refused to leave her trailer in spite of repeated requests to do so. As she attempted to hold the screen door shut to prevent him from entering the trailer he pushed his way in and slapped her on the face causing the Applicant to fall down. He also threatened to kill her and left the area.
9He was subsequently arrested on [date], 2015 and was later released on a promise to appear.
Court documents
10Probation order was made against the Offender as part of his sentence for the offence of assault and the order to be in force for a period of 1 year. He was also mandated to pay a fine of $100.00 within 4 months of the Order.
Hospital Report
11The Urgent Care Report notes the assault, prescribes medications and recommends counselling. There is a doctor's note which states that the patient is unable to attend court due to extreme anxiety.
Analysis and Decision
12For the following reasons the CICB grants the Application.
13Based upon the evidence provided and the Offender's conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of assault which caused her to suffer physical injury and psychological conditions arising from the assault on her. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(a) of the Act in connection with the assault at her trailer.
14In arriving at its award for pain and suffering, the CICB has considered: the nature of the incident – involving an assault by her brother; the nature of the Applicant's physical injuries and the nature and extent of the Applicant's emotional injuries. In this regard, the CICB assesses compensation for pain and suffering in the amount of $2,000.00.
Award
15The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $2,000.00
TOTAL AWARD $2,000.00
Payment
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,000.00
DATED at Toronto this 31st day of March, 2017
_____________________________
Veda Rangan, Member