CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Christie Jefferson
Indexed as: (Re) 1606-03742
ORDER
Introduction
1The Applicant is seeking compensation for assault causing bodily harm which occurred on [date], 2015. The Applicant and a male acquaintance were at a mutual friend’s apartment when this male attacked her without provocation. He grabbed her neck and threw her across the room such that she fell into a table and smashed her head. He then fled. The Police Report indicates he was a homeless man and that he was arrested and charged with assault. The charge was withdrawn and a peace bond was imposed against the attacker prohibiting any contact with the Applicant. As he was not convicted of a crime of violence against the Applicant, he cannot be named in this Order.
2The police documentation confirms abrasions on her forearms, abdomen and left side of her stomach from the attack. The CICB has received a report from the Applicant's Counsellor at a women’s shelter. She indicates that the Applicant was so afraid of the attacker that she barricaded herself in her apartment and did not leave it until she moved to a shelter on [date], 2015. She became very isolated and was in constant fear. The Applicant suffered nightmares, flashbacks, hypervigilance, fear of leaving the shelter, and anxiety. This attack and the onset of trauma symptoms also triggered flashbacks of years of abuse at the hands of the Applicant’s ex-husband. Her depression and anxiety medication was increased. Testing indicated the Applicant scored in the severe category for depression affecting her mood, motivation, sleep appetite and concentration. She also scored high in testing for anxiety and PTSD. These symptoms have affected her ability to care for herself, function in the community and find employment.
3The Applicant has provided a duplicate receipt of $1,600.00 for last month’s rent which she is seeking reimbursement for as she had to abandon her residence after the attack due to severe anxiety and fear of the attacker.
Issues
4As the Alleged Offender has not been convicted of a crime of violence against the Applicant, the CICB must determine on a balance of probabilities whether the Applicant is a victim under Compensation for Victims of Crime Act, RSO 1990, c.C.24 (the Act) and, if so, what injuries she suffered as a result. The CICB must also address the expense claim for last month’s rent.
Analysis and Decision
5The fact that there has not been a conviction is not a bar to the Applicant’s claim. Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury or death.
6The CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of assault causing bodily harm, and therefore, a victim within the meaning of section 5(a) of the Act.
7The CICB is awarding $5,000.00 for pain and suffering as a result of the crime. The CICB considered that the Applicant was subjected to an unprovoked attack in a neighbouring apartment such that she suffered temporary physical injuries. The Applicant also suffered significant emotional injuries as a result of the attack. Her trauma injuries from an abusive marriage were triggered such that her depression and anxiety became much worse and she began having flashbacks of this abuse. She also could not get the attack out of her mind, and had frequent flashbacks and nightmares of the incident. She became so hypervigilant that she barricaded herself in her apartment, not leaving it for over a month. The constant fear and anxiety from the attack was so serious that she abandoned her apartment and moved into a women’s shelter.
8The CICB is also reimbursing the Applicant $1,600.00 for her rent costs, as supported by a receipt, when she fled her apartment in fear of the attacker. The CICB is also awarding therapy funding to assist the Applicant in overcoming the trauma symptoms she has been experiencing.
9The CICB authorizes up to $2,400.00 (exclusive of any 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 (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must 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 may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant.
Award
10The CICB orders payment as follows:
Section 7(1) (a) Future Pre-Authorized Expense $2,400.00
Section 7(1) (d) Pain and Suffering $5,000.00
Section 7(1) (f) Other Pecuniary Loss/Expense $1,600.00
TOTAL AWARD $9,000.00
Less: Preauthorized treatment costs $2,400.00
TOTAL CURRENT AWARD $6,600.00
11The 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
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,600.00
DATED at Toronto this 23rd day of January, 2017.
Christie Jefferson, Member