CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Noeline Paul
Indexed as: (Re) 1712-03967
DECISION
INTRODUCTION
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for pain and suffering for injuries resulting from an assault that occurred on [...]. The Applicant initially also sought compensation for loss of income and expenses but later advised the CICB that he was only seeking compensation for pain and suffering and, therefore, the CICB considers those two claims to be withdrawn.
DECISION
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c C24, as amended (CVCA), the CICB grants the Application. Our reasons for this Decision follow below.
HEARING
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Evidence
4The documentary evidence, both in the narrative provided by the Applicant and in medical and police reports, states that the Applicant was assaulted by another person in the area of a shelter. This was a random incident and was not instigated by the Applicant, who was asleep at the time that the assault began. The Alleged Offender stabbed the Applicant with a knife multiple times.
5Police documents confirm that the Alleged Offender was charged with multiple offences, including aggravated assault. Court information provided to the CICB confirms that the Alleged Offender was found not criminally responsible for the charge of aggravated assault and all other charges were withdrawn.
6The Applicant provided information in his narrative that he received a number of physical injuries, including nerve damage to his left hand and is unable to put weight on his right leg. The Applicant also reports emotional injuries, such as anxiety and sleeping difficulties.
7Medical reports confirm that the Applicant received nerve damage to his left hand area and this injury required surgery. The reports also indicate that the Applicant suffered from pre-existing mental health issues.
ANALYSIS
Crime of Violence
8Section 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.
9The 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.
10We find the Applicant is a victim of a crime of violence because there is sufficient police documentation to confirm that the Alleged Offender committed the act of assault as described by the Applicant.
11We find the Applicant’s physical injuries resulted from the crime of violence because they are a direct result of the assault and are confirmed by medical documents. With respect to emotional injuries, we are satisfied that the Applicant suffered various emotional injuries as described above as such injuries would reasonably flow from the assault.
Compensation
Pain and Suffering
12In assessing the claim for pain and suffering, the CICB considered the nature of the crime of aggravated assault and the extent of the Applicant’s injuries. In keeping all of the circumstances in mind, the CICB awards $9,000 as compensation to the Applicant for his pain and suffering.
AWARD
13The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD (AND COSTS) $9,000.00
14THE CICB ORDERS the following be paid immediately to the:
Applicant $9,000.00
Dated at Toronto, Ontario this 17 of January, 2019
Noeline Paul, Member