CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1406-96275
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2013 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of aggravated assault perpetrated by the Offender. The Applicant is also seeking reimbursement for the loss of income/wages and living expenses. The Offender was convicted and sentenced on [date], 2015 as follows: suspended sentence and probation for three years, prohibited firearms section 109(a) 10 years and section 109(b) for life.
Decision
2The CICB awards the Applicant $9,000.00 for pain and suffering, $6,000.00 for loss of income/wages and $1,200.00 for future counselling.
Issues
3In this case, with respect to section 5(a) of the Act; there is no question that the Applicant was a victim of a crime of violence as proven through the conviction described above. As a result, the CICB does not have to make a finding as to whether a crime of violence occurred.
- The CICB shall make an assessment of the severity of injuries caused by the assault;
- The CICB must assess all relevant circumstances and whether or not compensation should be award and if so, the amount;
- Whether the Applicant’s claim for reimbursement for loss of income/wages and living expenses is supported by evidence.
Evidence
4The following is a summary of the facts and circumstances of the aggravated assault incident, as disclosed by the Applicant and corroborated by the police information received by the CICB.
5The Applicant noted to the CICB in his Application that he had attended a house party on the day in question at the Offender’s home.
6The Applicant was about to leave the party and was attempting to walk to his truck; at the same time the Offender was attempting to corral the people at the party into his garage with his arms spread out blocking anyone from leaving. The Applicant, in an attempt to advise the Offender that he just wanted by to get to his truck, was punched in the left side of his face and knocked to the ground unconscious for a short period of time. When the Applicant was able to regain consciousness, he observed the Offender on top of him attempting to punch him some more. However, attendees of the party intervened and stopped and further assault on the Applicant.
7The Offender then threatened the Applicant with more bodily harm and followed him to his truck provoking him to fight. The Applicant was then driven to Hospital for medical treatment.
8Later the same day, around 5:49 p.m. the Applicant received a text message from the Offender, which sought to find out what had occurred the night before. The Applicant did not know the author of the text message and inquired as to who it was. It was at this time he received the following text message:
Listen I dunno what happened last night, sorry for hittin ya in the head I have no idea why I did that. Some reason thought we were gonna tumble dunno why I did that.
9On [date], 2013, at about 12:54 p.m. the Applicant attended Police and reported the assault to the Police and sharing the text messages with the Police. As a result, the Offender was charged with aggravated assault.
10The Applicant also provided the CICB with various documents in support of his claim. The CICB was in receipt of an Emergency Medical Report from Dr. [Name] which noted that he assessed the Applicant on [date], 2013 and noted the following injuries:
- Trauma to upper and lower jaw resulting in fractures to left orbit and left zygoma, tempuremandibular joint pain, limited lower jaw opening and TMJ dysfunction. Dr. [Name] also noted that the Applicant prognosis was excellent and recovery time was expected to be two to six weeks. Dr. [Name] also performed the surgery on the applicant to repair his fractures on the same date.
11The CICB was also in receipt of a Medical Report from Hospital, which noted that the Applicant was sucker punched and presented with zygomatic arch depressed, mild jaw tenderness and obvious swelling to jaw.
12The CICB was also in receipt of a Medical Report from the Applicant’s Family Physician Dr. [Name] who noted that the Applicant sustained a fracture to the left maxillary, sinus/orbital bone and mandible.
Injuries
Physical
13The Applicant noted to the CICB that he suffered the following injuries:
- Multiple orbital fractures on left side of face, requiring surgery to repair;
- The Applicant now has three plates and twelve permanent screws implanted in his jaw; Severe facial pain for the first month after the assault;
- Infection twice after the surgery; Swell lasted for months;
- The Applicant’s face was numb to the touch; Difficulties breathing;
- Residually restricted facial movement and reoccurring swelling at scar below eyes; Facial scars; and
- One eye seems to be larger than the other.
Psychological/Emotional
- Emotional stress; Difficulty sleeping;
- Mental breakdown which led to taking prescribed anti-depressants; and
- Assault has affected the Applicant’s life dramatically.
Analysis
14Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act as a result of one act of aggravated assault.
15Having considered the evidence presented in the Applicant’s Application, the Police information, the Medical Reports, the CICB finds that the Applicant suffered physical and emotional/psychological injuries as a result of a crime of violence, to wit: aggravated assault. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
16The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described in the Medical Reports submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s ongoing psychological injuries.
17In assessing compensation for pain and suffering, the CICB has given consideration to all the documentary evidence that was submitted. The sudden and unprovoked nature of the attack, the violent nature of the crime, the medical intervention required, the surgical operation performed, the traumatic impact the assault has had on the Applicant’s emotional well-being and the type of treatment required. For all the foregoing pain and suffering, the CICB awards the $9,000.00.
18The CICB has considered the Applicant’s income loss claim. It is the CICB’s practice to reimburse income loss to a maximum of $1,000.00 per month or $50.00 per day and having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB now awards $6,000.00 for income loss. (5 months x $1,000.00 & 3 weeks x $250.00 & 5 days x $50.00).
19Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $1,200.00 (exclusive of applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a curriculum vitae outlining the credentials of the service provider. These sessions can only be accessed when the therapy sessions are not covered by other sources, such as your place of employment or insurance benefits. Therapy sessions should be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment will be made directly to the treatment provider every month upon submission of an invoice and the required verification from you.
20The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related living expenses. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to living expenses costs.
Award
21The CICB orders payment as follows:
Section 7(1) (a) Future counselling $ 1,200.00
Section 7(1) (b) Income Loss $ 6,000.00
Section 7(1) (d) Pain and Suffering $ 9,000.00
TOTAL AWARD (AND COSTS) $16,200.00
Less: Preauthorized treatment costs $ 1,200.00
TOTAL CURRENT AWARD $15,000.00
22The 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
23THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $15,000.00
DATED at Toronto this 6th day of April, 2017.
______________________________
Keith Forde, Member