CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1705-01624
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, R.S.O. 1990, c. C.24, as amended (the “CVCA”). The Applicant is seeking dental expenses, pain and suffering as a result of physical assaults, that occurred on [date], 2017 where he sustained physical and psychological injuries. The incident was reported to the police and resulted in conviction on charges of possession of dangerous weapons and robbery and was sentenced to 12 months’ probation.
Decision
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $12,000.00 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 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.
4The Applicant must provide reliable evidence to support his claims for:
a) expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the CVCA
Hearing
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim: police report dated [date], 2017, hospital records from [name] Health Sciences Centre dated [date], 2017, and medical report from his family physician, dated [date], 2018, copies of prescription receipts and a letter thanking the CICB for its consideration.
7Police Report: states that the Offender was charged with 10 counts of criminal offences but was convicted on charges of possession of dangerous weapon. The Offender was in possession of brass knuckles, a knife, for the purpose of committing an offence. The report also acknowledges that the Applicant was threatened by the Offender that he would assault the Applicant with a weapon. On [date], 2016 the Offender [name] entered into a 15 month term of Probation after being convicted at the Ontario Court of Justice, [location], Ontario by the [judge] for possession of a substance and breach of probation. This probation order was in effect until [date], 2017. By entering this term of probation the Offender was ordered to abide by a plethora of conditions. On [date] 2017 the Offender was found to be in contravention of such court imposed conditions mainly; to keep the peace and be of good behaviour.
8In his narrative the Applicant states that in 2017 his house was vandalised and his collection of shoes were stolen. A month later he spotted a man (Offender) wearing a pair of his shoes and questioned him about the shoes. He then accused the Offender of stealing the shoes himself. The Offender then disappeared for a brief moment in an alley and returned brandishing a knife. He then told the Applicant to give him his cell phone but the Applicant refused. The Applicant grabbed the Offender and they struggled eventually the Applicant fell to the ground. The Offender escaped and was finally arrested by police.
9Hospital report from [name] Hospital states that the Applicant has been experiencing symptoms of anxiety and depressive disorders since 2009. He has been admitted for major depressive episode in the past in 2005 in [city]. His most recent admission was at [name] General Hospital in [date] 2017 for 3 days and was diagnosed with Adjustment Disorder. The report also acknowledges other stressors in his life. Admitted to the intensive observation psychiatry unit on a form 1-42. He received Loxapine 25 mg and 2 mg Ativan and locked seclusion orders for agitation on [dates]. He explained to the inpatient psychiatry team that he was undergoing recent stressors including job loss, selling home and a scheduled move to [location]. He told the doctor that he has been struggling with many different external stressors since the beginning of the year.
Report from [name] Family Physician:
10The doctor notes that the Applicant has been diagnosed with PTSD and Generalised Anxiety in 2012 after a home invasion. He attended counseling sessions and was prescribed Prozac. Period of inability to work is noted to be from [date], 2017 to [date], 2017 due symptoms of nervousness, poor sleep, poor concentration, cognitive impairment, difficulty interacting with people, low energy leading to inability to perform any task.
Analysis and Decision
11For the following reasons the CICB grants the Application.
12Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of robbery and threat with a weapon which caused him to suffer a stab wound in the left thigh and an exacerbation of his pre-existing psychological conditions arising from or connected to a series of past serious traumas. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(a) of the CVCA in connection with the robbery at his home followed by an assault with a weapon when he confronted the Offender.
13In assessing pain and suffering the CICB has considered the nature of the assault where a weapon was used in the commission of the crime, the physical injuries sustained requiring medical intervention and the profound emotional impact, the residual impact of which he continues to feel currently. The CICB has also considered the impact on his employment and the negative impact on his life.
14In light of the evidence before it the CICB awards the Applicant $12,000.00 for pain and suffering.
15With regards to the Applicant’s claim for prescription drugs the CICB awards $307.17 for which receipts were submitted.
16Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $3,600.00 (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. The CICB may also consider therapy expenses that were incurred between the time that the Applicant submitted his final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized amount described above.
Award
17The CICB orders payment as follows:
Subsection 7(1)(a) Expenses - prescription drugs $ 307.17
Subsection 7(1)(a) Future Pre-Authorized Expense $ 3,600.00
Subsection 7(1)(d) Pain and Suffering $12,000.00
TOTAL AWARD $15,907.17
Less: Preauthorized treatment costs -$ 3,600.00
TOTAL CURRENT AWARD $12,307.17
Payment
18The CICB orders that the following sums be paid forthwith to:
The Applicant $12,307.17
Dated at Toronto on this 2nd day of August, 2018
_____________________________
Veda Rangan, Member