CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1702-00640
ORDER
Introduction
1The Applicant is seeking compensation from the Criminal Injuries Compensation Board (CICB) pursuant to section 5(a) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”).
2The Applicant is seeking compensation for pain and suffering for physical and psychological injuries as a result of being physically assaulted by a friend on [date], 2015.
3In addition, the Applicant is also seeking to be reimbursed for expenses incurred for medical, treatment, travel to treatment and loss of income/wages.
4On [date], 2016, the Offender was convicted of assaulting the Applicant and was granted a conditional discharge and placed on probation for six months.
Decision
5The CICB grants compensation to the Applicant in the amount of $5,000.00 for pain and suffering; $145.27 for prescription medication; $236.80 travel to treatment; $20.00 for medical report and $250.00 for loss of income/wages for the reasons set out below.
Issues
6In this case, with respect to section 5(a) of the Act there is no question that the Applicant was a victim of crimes of violence as proven through the conviction described above. As a result the CICB Panel Member 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 suffered by the Applicant as a result off the crimes of violence;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount; and
The CICB must assess whether the Applicant’s claim for medical, treatment, and travel to treatment and loss of income/wages expenses is reasonable within the scope of the Act.
Evidence
The Applicant’s Evidence
7The following is a summary of the facts and circumstances taken from the Applicant’s Application and from the police detachment correspondences to the CICB.
8On [date], 2015, at approximately 11:00 p.m., the Offender and the Applicant were together at a friend’s home consuming alcoholic beverages. There were other people at this residence also consuming alcoholic beverages.
9The owner of the residence told the Police that the Offender appeared intoxicated when he arrived and was acting strangely.
10On [date], 2015, at approximately 2:00 a.m., the Offender was in a discussion with the Applicant which escalated into an argument between the two of them. The Offender became angry with the Applicant, stood up from his chair and punched the Applicant on her left eye. The Applicant immediately turned away from the blow and the Offender punched her again on the right side of her face. After the assault, the Applicant fell to the floor. The Offender went over to her and tried to pull her up by her hair, grabbing the back of her head.
11At this time, the house owner intervened, ordering the Offender to leave her residence. The Offender left and the owner of the residence called 911 and notified the police of what had taken place.
12As a result, the Offender was subsequently arrested and charged with assaulting the Applicant.
13The Applicant also provided the CICB various documents in support of her claim.
14The CICB was in receipt of a Medical Report from the Hospital where the applicant attended on [date], 2015 complaining of worsening headaches, nauseous and vomiting. The Applicant also complained of sore neck and shoulders. The Applicant was examined, treated and released with instructions.
15The CICB was also in receipt of a Medical Report from a health centre where the Applicant presented with persistent headaches as a result of the assault.
16The CICB was also in receipt of a Medical Report from the Applicant’s Family Physician which noted that the Applicant suffered from blunt force trauma and spinal injury. The Family Physician recommended physiotherapy and medication.
Injuries
Physical Injuries
17The Applicant noted to the CICB in her Application that she suffered the following injuries as a result of the assault: persistent headaches, short term memory loss, post-concussion syndrome, balance affected and daily neck pain.
Psychological/Emotional
18Severe trust issues, daily; life struggles and constant worry in social settings.
Analysis
19Section 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 was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault, committed on [date], 2015.
20Having considered the evidence presented in the Applicant’s Application and the police information, the CICB is persuaded that the Applicant suffered both physical and psychological injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
21The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender's crime was the contributing factor to the Applicant’s physical and psychological injuries.
22In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the police and all the Medical Reports on file. The CICB was mindful of the circumstances of this incident and the physical and emotional injuries suffered by the Applicant and considered the following aggravated facts:
- The nature of the assault which also included punches to the Applicant’s head and the pulling of her hair. That medical intervention was needed. That the Applicant suffered a possible concussion when she fell to the floor striking her head. The associated period of recovery and the impact the assault has had on the applicant’s well-being. Having considered these factors, the CICB awards the Applicant $5,000.00 for pain and suffering.
23The CICB considered the Applicant’s claim in respect to medication and medical report costs, for which receipts were provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $165.27 for such costs. (Prescription cost $145.27 and $20.00 medical report).
24The 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 $250.00 for income loss of one week.
25The CICB awards travel to treatment costs in the amount of $236.80, calculated at the CICB’s standard rate of 40¢ per kilometre (2 trips @ 296 kilometres per trip @ 40¢ per kilometre).
Award
26The CICB orders payment as follows:
Section 7(1)(a) Travel to treatment $ 236.80
Section 7(1)(a) Prescription medication $ 145.27
Section 7(1)(b) Income Loss $ 250.00
Section 7(1)(d) Pain and Suffering $ 5000.00
Section 22: Medical report $ 20.00
TOTAL AWARD (AND COSTS) $ 5,652.07
27The 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
28THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,652.07
DATED at Toronto this 23rd day of March, 2018
______________________________
Keith Forde, Member