Re 1906-02772, 2020 ONCICB 20

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Louise Charette File No. 1906-02772 Date: July 31, 2020 Indexed as: (Re) 1906-02772

DECISION

Introduction

1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for pain and suffering for injuries resulting from a single crime of violence

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 $2,000.00 for pain and suffering.

Hearing

3The hearing was conducted on the basis of the documentary evidence contained in the Applicant’s file.

Evidence

4The Applicant writes that he was assaulted by a stranger while assisting an owner of a convenience store. He advises the Board that he was sitting on his porch when he heard “help”. He ran over to the store and saw the offender “wresting” with the owner. He intervened by “grabbing” the assailant and holding him against a wall. The offender then assaulted him by kicking him twice in the knee.

Police records

5The Board reviewed a redacted synopsis which confirms the police responded to this call on […]. The report indicates the offender had been refused service and that as a result a verbal altercation had ensued. As he was leaving the store, he pushed over a display of products and then assaulted the first victim. Police note the altercation continued out of the store and it is at that point that the Applicant intervened. The report states that the Applicant was kicked in the left knee while detaining the offender and that this caused “soreness”. The Offender also made a threat however it is not clear if this was directed at the Applicant as this part is redacted.

6The offender was charged with two counts of assault and uttering threats. He was found guilty on one count of assault and the other charges were withdrawn. He received a six month jail sentence to be served concurrent to the sentence he was already serving.

Injuries

7The Applicant states that he sustained both physical and psychological/emotional injuries as a result of this assault. With respect to the physical injuiries he notes residual daily pain and discomfort in his knee which makes it difficult for him to walk some days. He also reports that standing for long period is difficult. He writes that he requires medication to help with the pain and that he also has to “ice” his knee every night. This injury is said to have impacted his activity level.

8The Applicant notes the following psychological/emotional injuries; fear for his life during the incident, nightmares and trouble sleeping, relationship/intimacy issues, isolation, anxiety, panic and fears the offender will return to harm him. He also reports that he had a license prior to the incident and that he now has to use public transit.

9The Board also reviewed an email submitted by the Applicant dated June 2020 which provides an update regarding his injuries. He reports his injury has not improved and that he is still limited by it.

10The Applicant submitted a medical report in support of his application. The Applicant’s family doctor notes an injury to his left knee as a result of being kicked. The doctor indicates that this information is self-reported as the Applicant was not his patient at the time of the incident. The Applicant also advised him he was unable to work for 3 weeks in 2015. No referrals were made, it is recommended he do ongoing strengthening exercises and continue with analgesics.

Analysis

Crimes of Violence

11Although the offender was convicted, it is unclear if the conviction pertains to the assault on the Applicant or the other victim. Section 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 injury. The 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 he sustained injuries as a result.

12I find on a balance of probabilities that the Applicant was a victim of a single assault. The Applicant provided a police report in support of his claim which confirms the he was kicked in the knee.

13As previously noted, the Applicant is also required to prove, on a balance of probabilities, that he sustained injuries as a result. The Applicant provided details in his application regarding the injuries and also submitted a police report as well as a medical report in support of his claim.

14Based on the evidence on file, I conclude on a balance of probabilities that the Applicant was a victim of a crime of violence and that he suffered injuries as a result.

Pain and suffering

15In light of the evidence presented, the CICB is awarding the Applicant pain and suffering in the amount of $2,000.00. This amount is considered reasonable under the circumstances and within the context of the Compensation for Victims of Crime Act.

Award

16The CICB orders compensation as follows:

Subsection 7(1)(d) Pain and Suffering

$ 2,000.00

Total current award $ 2,000.00

Payment

17The CICB orders the following be paid immediately to:

The Applicant $2,000.00