CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1701-00064
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (the “CICB”) in accordance with the Compensation for Victims of Crime Act, R.S.O. 1990, c. C.24, as amended (the “CVCA”). The Applicant is seeking compensation for pain and suffering, medical expenses and loss of income following a physical altercation that occurred outside the Applicant’s home in [date], 2015.
2Two alleged offenders, HK and RS, were charged with assault causing bodily harm as a result of this incident. HK was convicted of the lesser charge of assault following a guilty plea and was granted a conditional discharge. The charge against RS was resolved by way of a peace bond and was withdrawn by the Crown.
Decision
3The CICB approves the claim and awards the Applicant the sum of $10,000.00 for the reasons set out below.
Issues
4A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the CVCA. 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 subsection 5(a) of the CVCA.
5The Applicant must provide reliable evidence to support his claims for:
expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the CVCA; and
income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work pursuant to subsection 7(1)(b) of the CVCA.
Hearing
6The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file. The CICB received the following documents with respect to the claim: police reports, including arrest reports, dated [date], 2015, a medical report from the Applicant’s family doctor, dated January 29, 2018, hospital records, dated June 21 – September 24, 2015, a psychiatric consultation report, dated March 23, 2016, and a therapy report, dated July 26, 2018.
Analysis and Decision
7The CICB finds the Applicant to be a victim of a “crime of violence” within the meaning of subsection 5(a) of the CVCA. At page 4 of his application, the Applicant states that he was dropped off at home at approximately 2:10 a.m. on [date], 2015. The Applicant was standing in his driveway when he answered a call on his cell phone. The alleged offenders, who were the Applicant’s neighbours, confronted the Applicant. The Applicant states that he attempted to evade them, but they “charged” at him and started punching him. He states that they repeatedly punched, kicked and choked him. He states that one of the alleged offenders grabbed his face and bit his lip and cheek.
8The police information on file indicates that the police responded to call about a fight on the street. The police observed that the two alleged offenders were intoxicated and had blood on their clothing. They did not appear to have sustained any injuries. The police spoke with the Applicant, who advised that he had had “an exchange of words” with the alleged offenders who then came upon his driveway and began to physically fight him. The alleged offenders pushed the Applicant up against his car. The Applicant tried to defend himself, and one of the alleged offenders put him in a headlock and bit his lower lip. The alleged offenders then punched the Applicant in the head several times.
9As noted above, the two alleged offenders were each charged with one count of assault causing bodily harm. One of the alleged offenders, HK, was convicted of the lesser charge of assault following a guilty plea. Based on the documentary evidence on file, the CICB finds that the Applicant was the victim of a serious assault involving significant violence.
10The CICB is also satisfied that the Applicant suffered serious physical and psychological injuries a result of the assault. With respect to the Applicant’s physical injuries, the police records on file indicate that the Applicant sustained cuts and bruising to his face and a portion of his bottom lip was ripped off. The hospital records confirm that the Applicant suffered a laceration to his lower lip as well as a forehead laceration that required staples. The Applicant states that he required 17 sutures to repair his lower lip. An x-ray report, dated [date], 2015, indicates that there was no evidence of fracture of the facial bones. A follow-up consultation report, dated September 24, 2015, states that the Applicant’s forehead laceration healed well and the Applicant had a “great result post repair of assault of the lip”.
11The medical report on file from the Applicant’s family doctor, dated January 29, 2018, states that the Applicant sustained a “head and lip injury (laceration)” as well as PTSD and depression as a result of the assault. He indicates that, while the Applicant has had “improved healing” of his lip laceration, he continues to have chronic pain. With respect to the Applicant’s mental health symptoms, he states that the Applicant has had depression, low mood and decreased motivation and functioning.
12A psychiatric consultation report, dated March 23, 2016, indicates that the Applicant has experienced symptoms of PTSD, flashbacks, recurrent intrusive memories, negative thinking, avoidance behaviour and low self-esteem. The report indicates that the Applicant was prescribed Cymbalta and Seroquel in the past, but did not wish to continue with medications. The report also indicates that the Applicant was attending college at the time of assessment.
13The therapy report on file states that the Applicant attended three of his approved eight counselling sessions, which were funded by the Victim Quick Response Program (VQRP). At that time he described symptoms of anger, anxiety, discomfort with being alone, lack of concentration/focus and hyper-vigilance.
14The CICB finds on a balance of probabilities that the Applicant experienced serious and prolonged injuries as result of the assault. The medical records on file confirm that the lacerations to the Applicant’s forehead and lower lip have healed well, but he continues to experience chronic pain. The Applicant has been diagnosed with PTSD. The CICB accepts that the Applicant has had prolonged psychological trauma symptoms, including depression, flashbacks, intrusive thoughts and hyper-vigilance.
15Considering all of the evidence, facts and circumstances, the CICB makes an award for compensation for pain and suffering the amount of $10,000.00. In assessing compensation for pain and suffering, the CICB has considered the fact that the incident involved multiple alleged offenders and also that the assault occurred outside of the Applicant’s residence.
16With respect to the Applicant’s claim for ambulance and medication expenses, the CICB generally requires 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 these claims.
17The Applicant is seeking an award for loss of income, but has advised that he was not employed at the time of the incident. It is the CICB’s usual practice to consider awarding income loss only in situations where an Applicant was actually employed at the time of the incident. Having found no compelling reason to deviate from its usual practice in this instance, the CICB declines to make an award for income loss.
18The amount awarded is consistent with awards the CICB has made to other victims of crime who experienced similar incidents and injuries. The CICB is satisfied that it is reasonable in all the circumstances.
Award
19The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD $10,000.00
Payment
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,000.00
Dated at Toronto this 21st day of December
______________________________
Maija Laitinen, Member