CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: James Graham
Indexed as: (Re) 1706-01924
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking medical expenses, treatment expenses, travel to treatment expenses, pain and suffering, loss of income and other expenses as a result of a physical assault that occurred on [date], 2016 where she sustained physical and psychological injuries. The incident was reported to the Police and resulted in a conviction.
Decision
2The CICB approves the claim and awards the Applicant the sum of $6,000.00 for pain and suffering for the reasons set out below.
Issues
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support her claims for:
expenses actually and reasonably incurred as a result of her injury pursuant to subsection 7(1)(a) of the Act;
income or pecuniary loss incurred as a result of her total or partial disability affecting her capacity for work pursuant to subsection 7(1)(b) of the Act; and,
pecuniary losses resulting from her injury and any other reasonable expense that, in the opinion of the CICB, it is reasonable to incur, pursuant to subsection 7(1)(f) of the Act.
The Hearing
5The Applicant appeared and provided oral testimony and submissions.
Documentary Evidence
6The CICB received the following documents with respect to the claim:
The Application,
A letter from a Physician,
A letter from a Physician at a wellness centre,
A letter from a Massage Therapist,
A Police Report,
Paramedic Records, and,
Hospital Records.
7According to the Application, the Applicant, who is a nun by calling, entered a bus shelter on the morning of [date], 2016. She asked the Offender, who was already in the shelter, to stop smoking, as it was a non-smoking environment. The Offender became verbally abusive. He worked himself into a rage and threw his coffee at the Applicant. She called out for help, gave chase, and with the assistance of two others restrained the Offender until the Police arrived.
8The Applicant was immediately overcome by an uncontrollable fit of coughing, a feeling of faintness and instability, a falling sensation and a sense of fear and anxiety. An ambulance was called because she was suffering chest pains as well as the symptoms described above.
9Hospital Records disclose that the Applicant complained of chest pains radiating into her left arm. She was given a blood thinner, and remained in Hospital under observation while undergoing a series of tests. She remained in Hospital until [date], 2016 when she was released with a diagnosis of atypical chest pain. Although the Hospital concluded that her chest pain issue was completely resolved they referred her to the CERT (Cardiac Evaluation and Rapid Treatment) Clinic for follow up.
10The Applicant reported recurring nightmares and visions of the assault, uneasiness, a fear of being in bus shelters, an inability to sleep well, an emotional eating disorder and post-traumatic stress. She feels shattered, experiences vulnerability, and finds that there are days when she cannot function at all. Her relationships with others are failing and her friendships are strained. She also finds that she is gaining weight.
11A Psychiatrist saw the Applicant within days of the incident and reports that she is highly stressed by the incident and requires close follow up. The Doctor speaks of the event undermining the overall quality of the Applicant’s life.
Oral Evidence
12The Applicant testified confirming the statements she made in the Application
13She was registered for a course that she could not take because of the hospitalization. She finds bus shelters to be a danger zone now, because the signs on the shelter prevent her from seeing outside. The CERT Clinic helps her with diet, exercise and activities relating to her heart. As well, she received some help in dealing with the stress of the assault. Before the assault she would walk for two hours a day, play badminton, swim, but now she has given exercise up due to fear for her heart and fear of travelling on public transit.
14She said that there are periods of the occurrence that she does not recall but she lives with memories of the event every day. She now suffers headaches and tears. She hears the Offender’s comments and sees the coffee flying at her. It has disrupted her sleep patterns.
15The Applicant suffered from a mood disorder for a long time, but reports that her mood was pretty balanced prior to the assault.
16She felt obliged to replace everything she was wearing that day. She now has additional costs in travelling because she avoids public transport. She relies upon friends for transportation frequently.
17Her emotional upset has made it difficult for her to fulfil her duties as a nun. Travel is a problem. Her own emotional upset also makes it difficult for her to counsel others.
18She had been working part-time as an assistant chef but has had to give that up because of the emotional turmoil and intrusive thoughts distracting her from her work.
19The Applicant provided the CICB with no receipts showing out of pocket expenses or loss of income although she explained that the loss of clothing, travel difficulties and non-traditional health treatments have been very expensive for her.
Analysis and Decision
20Given that there was a conviction in this case, the CICB finds that a crime of violence occurred.
21The CICB accepts the Applicant’s evidence with respect to the injuries suffered as a result of the assault. While the coffee thrown at the Applicant did not leave any lasting physical injuries, the CICB finds that the Applicant suffered the following psychological injuries. She suffered the fright of believing she was having a heart attack and, although review at the hospital found that she was not, she is now concerned for the state of her heart. This has impeded her day to day physical activity. She now sees bus shelters as places of danger. Her use of public transit has therefore been restricted. She experiences high stress and moodiness to a higher extent than prior to the assault. Her emotional state has diminished her ability to counsel others and has affected her work.
22The CICB therefore finds the Applicant to be a victim within the meaning of section 5(a). She has suffered both physical and emotional injuries as a result the assault. Taking all of her evidence into account, the CICB determines that an appropriate award for pain and suffering is $6,000.00. The CICB has considered the vulnerability of the Applicant as a woman being attacked by a young man, her prior health which made her particularly vulnerable, the fact that the attack was by a stranger, and the ongoing struggle the Applicant is having in dealing with the consequences of the assault.
23Next, the CICB will consider the Applicant’s claims for medical expenses, treatment expenses, travel to treatment expenses, loss of income and other expenses. The CICB did not receive any documentary evidence, such as receipts, to support the claims. As such, the remaining claims are denied.
Award
24The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $6,000.00
TOTAL AWARD $6,000.00
Payment
25THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $6,000.00
DATED at Toronto this 2nd day of February, 2018.
James Graham, Member