(Re) 1806-02147, 2019 ONCICB 79

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Veda Rangan

Date: April 29, 2019

Indexed as: (Re) 1806-02147

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 for pain and suffering.

Decision

2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $6,000.00. The reasons for this Decision follow below.

Hearing

3The Applicant appeared failed to appear at the Hearing of her claim. The Applicant, having been duly notified of the Hearing, failed to attend. Pursuant to section 7 of the Statutory Powers Procedure Act, RSO 1990, c. S.22, the CICB proceeded to hear this Application based on the documentary evidence filed with it.

Evidence

4The CICB has carefully reviewed the narrative of the Applicant in her application form for compensation and the police synopsis.

5In February 2016 the Applicant, an employee at a bank, was on her way to the work. As she was entering her car, she was approached by an unknown male (the Offender) at the driver’s side of the car. He verbally identified himself as a police officer. While she was engaged in a conversation with the Offender, his accomplice took the opportunity to get into the passenger side of the car. The Offender also got into the car and produced a hand gun and pointed to the Applicant. The accomplice then got out of the car and followed the Applicant and the Offender in another car.

6The Applicant was forced to drive the Offender to her place of employment while he threatened to harm her and her family if she failed to comply with his demands. On arrival at the place of employment, the Applicant was met by her colleague and all of them, including the Offender, entered the bank. The Offender ordered the Applicant and her colleague to disarm the alarm and the Applicant used this opportunity to trigger the distress alarm. As a result of the activation of the distress hold up alarm, a 911 call was generated and police were dispatched.

7The Offender was notified that the police were on their way by his accomplice. As the Offender exited the bank, he saw the police. He grabbed the Applicant and her colleague and held them hostage at gunpoint. As they approached the Applicant’s vehicle the Applicant and the colleague managed to escape. The Offender was arrested and charged. The accomplice is still at large.

8The Offender was convicted on charges of Kidnapping, Robbery while armed with a firearm, utter threat, and unauthorized possession of a firearm.

Injury

9The Applicant was seen by a therapist through her employer. However every session left her feeling more angry and frustrated. The therapist diagnosed her as exhibiting symptoms of PTSD, anxiety and depression. She was the referred to a cognitive therapist who counselled her for several months. She was prescribed medications for sleep deprivation, anxiety and depression. Ultimately, she resigned from her job after the incident and regrets the negative impact on her career as she had ambitions to reach the managerial level in her job. She attempted to return to workforce with a development company; however, she resigned after 6 months due to frequent panic and anxiety attacks.

10In her narrative she states that this incident had left her hyper vigilant, experienced panic and anxiety attacks and often felt nauseated. She sought social isolation. She concludes by stating that the whole process has been difficult and she continues to struggle with the aftermath of this incident

Analysis

Crime of Violence

11A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that her injury resulted from the crime of violence.

Injury

12I find the Applicant’s injury resulted from the crime of violence. The evidence clearly indicates that she was victim during a robbery where a gun was used. Further, there is ample evidence that shows that she suffered significant emotional injuries as a result of the incident. There is nothing to indicate there was any intervening event that would cause the psychological trauma.

Section 17

13Sections 17 of the CVCA read as follows:

(1) In determining whether to make an order for compensation and the amount thereof, the Board shall have regard to all relevant circumstances, including any behaviour of the victim that may have directly or indirectly contributed to his or her injury or death.

(2) The Board may, in its discretion, refuse to make an order for compensation or ordered a reduced amount of compensation where it is satisfied that the applicant has refused reasonable co-operation with, or failed to report promptly the offence to, a law enforcement agency.

(3) In assessing compensation, the Board shall take into consideration any benefit, compensation or indemnity paid or payable to the applicant from any source other than social assistance.

14After considering the evidence the CICB is satisfied there are no s. 17 issues relevant to deciding this Application.

Compensation

Pain and Suffering

15In assessing the claim for pain and suffering the CICB considered the unprovoked nature of the assault by multiple offenders, the fact that a weapon was used in the commission of the crime, the profound emotional impact that resulted in the loss of employment and the enjoyment of even simple things in her life.

16Given these considerations and the general range of compensation awarded in similar cases, the CICB awards $6,000.00 for pain and suffering.

Expenses and Income loss

17The Applicant did not claim any expenses arising from the injury.

Award

18The CICB orders compensation as follows:

Subsection 7(1)(d) Pain and Suffering $ 6,000.00

Total Current Award $ 6,000.00

Payment

19The CICB orders the following be paid immediately to:

Applicant $ 6,000.00