CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: James Graham
Indexed as: (Re) 1705-01685
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for expenses and pain and suffering for injuries resulting from an assault that occurred in [..] .
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application. My reasons for this Decision follow below.
Hearing
3The Applicant appeared in person and provided oral testimony and submissions. The Applicant’s mother also attended and gave evidence on the Applicant’s behalf.
Evidence
4The Applicant testified that on the night of his high school prom in 2015 he was at the after-prom party waiting to be taken home. Someone tapped him on the shoulder and hit him on the right side of the head knocking him out. He did not know the Alleged Offender.
5The police conducted an investigation and concluded that the Applicant was mistaken for another person when he was struck. There was no conviction.
6The Applicant was taken to hospital. He had a sore and swollen face and two fractured teeth. He had a concussion. After being treated he has was released in the early morning hours.
7Concussion symptoms settled down after a week or so.
8The Dentist has identified twelve teeth as being damaged and has treated two of those teeth with crowns. He has warned that further treatment may be required in the future as a result of the trauma.
9As the swelling on the cheek went down, the Applicant noticed a small bump which did not go away. When the bump didn’t go away, the Applicant consulted the Family Doctor, then a Plastic Surgeon and then a hospital in another City. They identified the problem as Arteriovenous Malformation (AVM), a benign disorder triggered by the violence of the assault. An attempt was made to stop the growth surgically by a procedure known as embolization. However, the growth continued and became extremely disfiguring. Photographs show a lump on the Applicant’s right cheek disfiguring the entire right side of his face.
10Almost 18 months after the assault, the Applicant was subjected to a second embolization surgery to stop the recurring growth. This was a form of surgery that required two steps, embolization and plastic surgery so days after the embolization surgery, the Applicant underwent plastic surgery.
11The second surgery was not successful in stopping the growth. A third embolization was necessary in the summer of 2018 lasting about six hours. Because of the lack of success with the first two attempts, more invasive embolization surgery was attempted, putting at risk the sight in his right eye. Again, plastic surgery followed a few days later.
12During this series of operations, numerous hospital visits were required as well as scar revision surgery. The sight of the growth has been closely monitored since and so far it appears that the last surgery was a success. Presently the Applicant’s face looks fine, but he does not have the power to smile properly.
13The Applicant must now submit to ongoing follow up MRIs every six months to determine as early as possible whether the growth has returned. The most recent test the day before the hearing showed no growth.
14While recovering, the Applicant’s involvement in school activities has been reduced. He was unable to play lacrosse. He attended university for three years with a badly deformed face.
15The Applicant’s Dentist has identified fractures to teeth 21 and 22 as well as damage to teeth 11, 12, 13, 23, 31, 32, 33, 41, 42, and 43. 21 and 22 have been capped, but may need root canals while the others may require treatment in the future.
16Medical reports identify the major problem as AVM, a benign disorder triggered by the trauma of the assault described above.
Analysis
Crime of Violence
17Section 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injuries.
18The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence but also that the injuries resulted from the crime.
19On the balance of probabilities, I find the Applicant is a victim of a crime of violence. I accept that he was struck for no reason while waiting for a ride home. The blow was powerful and possibly involved brass knuckles or another weapon and may have been intended for another party.
Compensation
Pain and Suffering
20I find the Applicant’s injuries resulted from the crime of violence. Hospital records from that night show that he was concussed, had broken teeth and an obvious deformity to his right cheek, injuries obviously connected to the assault. A dental examination days after the incident identified 12 teeth as damaged, two of which were broken.
21Medical reports show that the Applicant has AVM, a disorder caused by the physical trauma of the assault causing a growth to the Applicant’s right cheek which required three rounds of extensive surgery to bring it under control. The growth was highly disfiguring affecting the entire right side of his face until it was brought under control. He has attended numerous medical sessions for examination, testing and follow up and expects to continue to be examined every six months for the indefinite future. The need for more surgery is possible.
22In addition to the medical demands, the Applicant’s graduating year in high school was affected because of the injuries and his life at university has been made less enjoyable because of his disfigured face.
23Taking these matters into account, the CICB awards of $12,000.00 for pain and suffering.
Expenses
24The Applicant brought a number of documents to the hearing relating to out of pocket expenses incurred since the last filing with the CICB. There was not time to analyze those claims fully at the hearing and so they have not been considered. The Applicant has been advised of section 25 of the Act.
25The Applicant’s claim for the cost of the ambulance is supported by an invoice in the amount of $45.00 and is approved in that amount.
26The Applicant’s claim for dental services to date in the amount of $3,075.00, supported by documents, is approved.
27The Applicant’s claim for prescription drugs of $248.97 is supported by receipts and is approved.
28Claims for air fares are not supported by receipts or documents linking them to medical visits and of are not allowed.
29Claims for accommodation expenses for persons other than the Applicant are not usually considered by the CIBC. However, I acknowledge that accommodation has been a significant expense for the Applicant’s mother and the CICB will pay the sum of $529.48 in contribution to such expenses to date.
30The Applicant has claimed the cost of travel from home to various hospitals. Records filed with the CICB show three visits to one hospital a distance of 136 kilometers from home, a visit to another hospital 135 kilometers from home, and two visits to a third hospital 98 kilometers from home. The CICB will pay for each of the six trips at a rate of $0.40 per kilometer, a total of $591.20.
31The CICB will pay the Applicant the cost of travelling to this hearing fixed in the amount of $107.20.
32The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering $12,000.00
Subsection 7(1)(a) Expenses $ 4,489.65
Subsection Section 22 Costs $ 107.20
TOTAL AWARD (AND COSTS) $16,596.85
PAYMENT
33THE CICB ORDERS the following be paid immediately to the:
Applicant $16,596.85
Dated at Toronto, Ontario this 4th of March , 2019
James Graham, Member