CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: James Graham
Indexed as: (Re). 1808-03080
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for injuries resulting from a crime of violence. The Applicant is seeking the following forms of compensation: pain and suffering and expenses.
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 Applicant appeared in person and provided oral testimony and, through her counsel, provided submissions.
Evidence
4The Applicant testified that she is a police officer and was on duty on the date in question when her partner identified a wanted man, the Offender, in the back seat of a motor vehicle. The Offender was advised that he was under arrest, but he fled. A foot chase ensued involving the Applicant and three other officers. The Offender resisted arrest with great violence and was finally subdued after being tasered twice. While he was resisting arrest, the Offender stabbed the Applicant in the left hand.
5The Offender has been convicted and sentenced for assault on the Applicant and others.
6The Applicant attended the local hospital to have her hand treated. She required four stitches to her left hand at the base of her index and middle fingers. She also received blood testing to ensure that she had not contacted a communicable disease from the knife. Fortunately tests have been negative.
7Following removal of the stitches, the Applicant had further trouble with the wound because the stitches had not closed the wound properly. She was off work for about four weeks and was on limited duty for a period of time.
8Her left hand now has a permanent scar on the back, which is highly visible and about one inch long. The Applicant is self-conscious about the scar and is considering plastic surgery. The scar continues to be sensitive to old weather.
9The Applicant said that she now finds herself hypervigilant when dealing with individuals in her capacity as a police officer, particularly while affecting an arrest.
10The Applicant had her clothing destroyed in the course of the arrest, and asks the CICB for $300.00 compensation for the loss.
Analysis
Crime of Violence
11The Applicant must prove, on a balance of probabilities, that her injuries resulted from a lawful arrest.
12We find the Applicant’s injuries resulted from such lawful arrest. The police statements on file and the subsequent conviction of the Offender is sufficient to prove on the balance of probabilities that the arrest was lawful and that the injury occurred during the course of the arrest.
Compensation
Pain and Suffering
13In assessing the claim for pain and suffering the CICB considered the high risk that the Applicant was exposed to in the course of the arrest, the temporary debilitation caused by the injury, the high visibility of the scar and the continuing hypervigilance that she feels when faced with potential violence. The Panel assesses the award for pain and suffering at $7,000.00.
Expenses and Income Loss
14Section 7 (1) of the CVCA empowers the CICB to award compensation for expenses actually and reasonably incurred or to be incurred as a result of a victim’s injury.
14While the Panel is satisfied that the Applicant’s clothing was destroyed as a result of the arrest and the assault upon her, such a loss did not occur as a result of the injury sustained and so must be denied.
15The Panel awards a counsel fee of $400.00 to the Applicant’s counsel
Award
15The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering $7,000.00
Subsection Section 22 Costs $400.00
Total Award $7,400.00
Payment
16The CICB orders the following be paid immediately to:
The Applicant $7,000.00
Law Firm $400.00
Dated at Toronto on this 22 day of March , 2019
James Graham, Board Member