(Re) 1604-03225, 2017 ONCICB 84

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes
Date: April 04, 2017
Indexed as: (Re) 1604-03225

ORDER

Introduction

1In this case, the Applicant claimed he was assaulted and threatened by his cousin’s husband (the Offender) at an apartment. 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, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Evidence

Incident

2In his [date] 2016 submission to the CICB, the Applicant wrote that the Offender attacked him with a machete and slashed him thrice on the head, twice on his arm and once each on his hand and leg. As a result, the Applicant was taken to the Hospital and he lost a lot of blood.

Police Report

3The CICB received a report from the Police Service which noted that the Offender attacked the Applicant with a meter-long machete, slashing him several times on the back, upper body and head. Also, Police confirmed that the Applicant did not contribute to his injuries as he was ambushed by the Offender and he had no idea what was about to happen. Police confirmed that the Offender was angry with the Applicant over a family dispute and they had had a previous argument and the Applicant was not in any way responsible for this attack.

4As a result, Police charged the Offender with attempted murder, aggravated assault and possession of weapons dangerous to the public. On [date] 2016, he was convicted of aggravated assault and sentenced to four years in a federal penitentiary.

Injuries

5In his submission to the CICB, the Applicant described his physical injuries as three slash wounds to the back of his head, one stab in his right hand and bruises on his arm and leg. He was unable to move for two weeks and he had difficulty sleeping because of the staples in his head, which resulted in migraine headaches. He has on-going pain in his right hand and since he is right-hand dominant, he has trouble writing, driving etc. Now his hand twitches if he uses it for a long time or when he does callisthenic workouts. The Applicant wrote that his head wounds healed with hypertrophic scars and then one changed into a keloid scar which is lager and has ongoing bleeding issues.

6On an emotional level, the Applicant wrote that after the incident, he would wake-up in the middle of the night, screaming and sweating while he was re-living the incident. The Applicant wrote that after the incident, he feared for his life as the Offender told him “If I see you anywhere in this building, you are dead.” When the Applicant is out anywhere, he feels like his life is in danger and he’s always on the lookout for the Offender’s black car. Overall, the Applicant said his life changed after the incident. He’s always paranoid about his safety and he is planning to move out of this city or county when he graduates from school.

Medical Reports

7The CICB received a few reports from the Hospital, which received the Applicant via ambulance about an hour after this incident. Reports indicated the Applicant had two, four inch lacerations to the back of his head, down to the bone and he was bleeding profusely. He also had a one inch laceration to his right hand. By 10:15 p.m., the Applicant’s vital signs had been taken six times, his three cuts had been treated and his blood was replaced with two litres of saline solution. He was given pain management advice and advised to return in ten days to get the staples and stitches removed from the cuts in his head and hand.

8The CICB received a report from a Plastic Surgeon, [name], who saw the Applicant in [date] 2016 for follow-up surgery to treat the scars on his head wounds. The Plastic Surgeon’s expectation was that the Applicant would have full recovery of his wounds 12-18 months after this “scar revision” surgery.

Expenses

9In his submission to the CICB, the Applicant wrote that he spent $500.00 on prescription drugs after the incident. However, he provided no receipts to the CICB.

Analysis and Decision

10Section 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.

11In 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 surprise attacked by the Offender who used a meter-long knife to cut him in three places. As a result, the Applicant lost a lot of blood was in extreme pain from the staples in his head and the ongoing pain in his hand. On an emotional level, the Applicant had nightmares, flashbacks and he had ongoing fear of the Offender and he was planning a permanent move away from the area as he continued to fear for his life.

12The Applicant’s claim was supported with reports from Police, a Hospital and a Plastic Surgeon. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $8,000.00.

13The CICB generally requires original 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 prescription drugs.

Award

14The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $8,000.00

TOTAL AWARD $8,000.00

15The 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

16THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $8,000.00