(Re) 1803-00764, 2019 ONCICB 51

Criminal Injuries Compensation Board

Adjudicator: M. Saleem Akhtar

Date: March 22, 2019

Indexed as: (Re) 1803-00764

Decision

Introduction

1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for pain and suffering for injuries resulting from Assault with a Weapon 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. The reasons for this Decision follow below.

Hearing

3The Applicant appeared by teleconference and provided oral testimony and submissions.

Evidence

4The Applicant testified that he and his friends were having a barbeque at his house. The Offender was not invited and arrived with no reason with a baseball bat in his possession. While the Applicant was speaking to another person, the Offender hit him three times on his head causing injuries. The Applicant thought if the Offender had hit him one more time, he would have died that day. There was no altercation or exchange of words between the two, prior to the assault.

5The Applicant was asked if there were any issues between him and the Offender. The Applicant testified there were no issues between the two of them.

6The Applicant was questioned about consumption of alcohol at the barbeque, and if that played a role in the incident. The Applicant testified that participants of the barbeque were drinking. However, he had a very little quantity of it. He would not call himself intoxicated. He knew what he was doing and what was happening around. He was interacting with guests very well.

7In response to my question, the Applicant told that no one else was assaulted in that incident.

8The Offender was arrested and charged. During the criminal proceedings, the Applicant was told that he did not have to testify at the Court in relation to this matter.

9Ultimately, the Offender was convicted for Assault with a Weapon in relation to the incident with the Applicant.

10The Applicant testified that, in terms of physical injuries, he sustained a head injury causing dizziness and concussion. He also suffered laceration, bruising and swelling. He was treated at the hospital where he received nine stitches to repair his wounds. With regards to the emotional / psychological impact, he is traumatized, stressed and has become more fearful. He started consuming more alcohol and got involved in substance abuse as a coping mechanism for his stress, depression and fear. The incident had a negative impact on his inter-personal relationships due to trust deficit with almost everyone. He suffered mental breakdown and heart attack because of mental stress. He had a couple of strokes too. He developed headaches and experienced difficulty with breathing. He has to regularly take medication to address these health issues.

11The Applicant was asked if he had pre-existing health issues such as hardening of arteries resulting in heart attack and strokes, and if he had been taking medication prior to the assault. The Applicant confirmed that he had pre-existing health issues and also he had been on medication for that purpose.

12The Applicant testified that he had been on ODSP prior to the incident and the reason for going on ODSP was his state of mental health and other health issues such as heart attack and strokes. He, however, added that pre-existing symptoms and health condition were aggravated due to the assault.

13The Applicant was asked if his medicine dosage was increased due to exacerbation of symptoms. The Applicant replied ‘no’. He added the dosage remained steady, however, sometimes, he had to take more Advil or Tylenol for headaches.

14The Applicant’s narration of his injuries is, by and large, corroborated in the treatment / assessment reports from his Family Physician and Hospital.

Analysis

Crime of Violence

15Pursuant to section 11 of the CVCA, a conviction is conclusive evidence that a crime of violence occurred. However, the Applicant, still, on a balance of probabilities, is required to prove that his injuries resulted from the crime of violence.

16I find the Applicant’s injuries resulted from the crime of violence because, in addition to the Applicant’s testimony, which I find to be credible, compelling and not prone to exaggeration, such injuries have been corroborated in police report as well as in treatment / assessment reports from the Applicant’s Family Physician and Hospital.

Compensation

Pain and Suffering

17In assessing the claim for pain and suffering, I have considered the nature of the assault and the nature and extent of the resultant injuries, as already described above. I have also taken into account any on-going impact on the Applicant’s over-all health, relationships and productivity.

Award

18I order compensation as follows:

Subsection 7(1)(d) Pain and Suffering $7,000.00

TOTAL CURRENT AWARD $7,000.00

19I ORDER the following be paid immediately to the:

Applicant $7,000.00