CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1609-04850
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him for injuries resulting from a crime of violence which occurred on [date], 2016, in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). He is seeking compensation for pain and suffering incurred from one act of aggravated assault, perpetrated by the Offender. The Applicant is also seeking reimbursement for dental, ambulance, photocopying and travel to treatment expenses.
2The Offender pled guilty and was sentenced on [date], 2017, of aggravated assault and was sentenced to 365 days in custody in addition to his 241 days pre-sentence custody; 36 months’ probation and a 99 years weapons prohibition.
Decision
3The CICB awards the Applicant $9,000.00 for pain and suffering and $8,391.00 for dental expenses, $45.00 for ambulance expenses and $20.03 for photocopying of medical reports for the reasons set out below.
Issues
4In this case, with respect to section 5 (a) of the Act, there is no question that the Applicant was a victim of a crime of violence as proven through the conviction described above. As a result, the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount;
The CICB must also determine whether the Applicant’s expense claim for dental, ambulance, photocopying and travel to treatment is reasonable within the scope of the Act.
Evidence
5The following is a summary of the facts and circumstances taken from the Applicant’s Application information and from the Police correspondences to the CICB.
6On [date], 2016, the Applicant and his wife were walking north on the east side of the street. The Offender was also walking in the same direction. The Applicant and the Offender were not known to each other. At about 8:30 p.m. the Offender walked past the Applicant, suddenly stopped and turned around, approached the Applicant and without provocation, punched the Applicant once on the right side of his face.
7The Applicant immediately fell to the sidewalk striking his head on the pavement. The Offender then ran south and out of sight of onlookers.
8The Police were called and arrived on the scene soon after and commenced an investigation. The Applicant was transported to the Hospital emergency department where he was examined, treated and admitted.
9The Offender was subsequently arrested and charged with aggravated assault.
10The Applicant provided the CICB various documents, Medical and Dental Reports and coloured photos of his injuries.
11The CICB was in receipt of Medical Reports from Hospital which noted that the Applicant presented with facial trauma to the left side of his face, a large hematoma and loss of several teeth. The Report noted that the Applicant was diagnosed as Hemophilia A and suffered from many pre-existing medical conditions impacting his hospital stay. The Medical Report noted that the Applicant did not lose consciousness but was confused at the scene. The Applicant was discharged on [date], 2016 with instructions and follow-up appointments.
12The CICB was also in receipt of a report from the Cognitive Communication Assessment at Hospital, Head Injury Clinic and a Neurosurgery Ambulatory Consult with Dr. [Name].
13The CICB was in receipt of a Dental Report from the Applicant's family Dentist, Dr. [Name] who noted in his report to the CICB, that the Applicant presented with several teeth broken or chipped. The CICB was also in receipt of an estimate for future dental treatment if needed by the Applicant from [Dentist].
Injuries
14The Applicant noted in his Applicant to the CICB that as a result of the incident, he suffered the following physical and psychological injuries:
Physical
- Several teeth broken or chipped; painful bruising and swelling to the right side of face; swelling and injury to right eye; gouge to right side of nose requiring 4 stitches; bump on the back of head; slight whiplash to neck; extensive bleeding and bruising; pain; possible concussion; scar on nose; dark patch under left eye; nerve tingling and slight pressure on right side of face and short term memory affected.
Psychological/Emotional
- Anxiety; stress low energy; fear; frustration; sadness; fatigue; short term memory affected and loses train of thought.
Analysis
15Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of aggravated assault, committed on [date], 2016 by the Offender.
16Having considered the evidence presented in the Applicant’s Application, the police information and the medical information, the CICB is persuaded that the Applicant suffered physical and psychological/emotional injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
17The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s ongoing psychological injuries.
18In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary, the Police synopsis and the medical information on file. The CICB was mindful of the circumstances of this incident and emotional injuries suffered by the Applicant and considered the following aggravated facts:
The age of the Applicant;
That the incident was unprovoked;
That the Applicant required hospitalization and medical intervention;
That the Applicant was hospitalized for 6 days; and
That the Applicant is still suffering from the aftermath of the assault.
19Having considered these aggravating factors, the CICB awards the Applicant $9,000.00 for pain and suffering.
20The CICB considered the Applicant’s claims in respect to dental, ambulance and photocopy costs (Dental $8,391.00, Ambulance $45.00, Photocopy $20.03) for which receipts were provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award the Applicant $8,456.03 for such costs.
21If, as a direct result of this crime, the Applicant requires additional dental treatment and the cost of that dental treatment is not covered by other sources, the CICB may, pursuant to the provisions of section 25 of the Act, consider varying this Order to include a claim for additional dental expenses. The Applicant must obtain authorization from the CICB prior to incurring any such expense. The Applicant may contact the CICB to determine what information is required in order to obtain authorization.
22It is the CICB’s practice to only consider travel to treatment costs when an Applicant is required to travel more than 40 kilometres each way (80 kilometres round trip) outside of his city of residence for treatment. The CICB finds no compelling reason to deviate from that practice under the circumstances. Since the Applicant was not required to travel more than 40 kilometres each way for his treatment/counselling sessions, these expenses are denied.
Award
23The CICB orders payment as follows:
Section 7(1)(a) Expenses $8,456.03
Section 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD (AND COSTS) $17,456.03
24The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
Payment
25THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $17,456.03
DATED at Toronto this 26th day of April, 2017.
Keith Forde, Member