CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1609-04938
ORDER
Introduction
1In this case, the Applicant claimed she was assaulted by a neighbour (the Offender).
2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Evidence
Incident
3In her September 2016 submission to the CICB, the Applicant wrote that after seeing the Offender driving her car much too quickly in the parking lot, she went over to the Applicant’s car and asked her not to speed. The Offender got out of her car and pushed the Applicant a few times saying “What are you going to do bitch?” The Offender got back into her car and drove at the Applicant until her male friend told her to stop. Her friend said the Offender was driving because she was drunk. The Applicant could smell alcohol on her breath.
4During the incident, the Applicant said she was grabbed, pulled and pushed. The Offender would not let go of her and she was punched in the stomach and neck before she fell and hit her left hand. The Offender pulled-down the Applicant’s pants, pulled her own pants down and “rubbed her arse” on the Applicant’s leg. The Applicant tried to run away from the Offender who tried to break through the outside sliding door to her apartment. The Offender grabbed the Applicant and threw her against the building. Other tenants came to her defence and tried to control the Offender. The Offender broke free and tried to get at the Applicant again before Police arrived.
5The CICB received a letter of support from the Applicant’s friend who helped the Applicant clean her apartment when her neck was sore and she stayed overnight at the Applicant’s place when she has been suffering from nightmares. In the past three years, Her friend wrote that the Applicant doesn’t go out as much and she is concerned about ensuring that her windows and doors are locked.
Police Report
6The CICB received a report from the Police Service in support of the Applicant’s claim. The Police Report confirmed the essential details of the Applicant’s description of the incident. The Offender was driving too fast in the parking lot. The Applicant asked her to slow down. The Offender pushed the Applicant which caused her to fall in to a barbecue causing an injury to her left hand. The Offender told the Applicant “I will kill you if you call the cops.” Later, the Offender came back and tried to assault the Applicant again but her friends intervened. However, the Police Report made no mention on the alleged state of intoxication of the Offender or anything about the Applicant’s pants being pulled down.
7Police described the Applicant’s injuries as a laceration on her left hand, a bruise on her left knee and slight bruising on her right thigh. Police arrived about fifteen minutes after the incident began.
8Police confirmed that as a result of their investigation, the Offender was charged with assault and uttering threats and she was convicted on both counts.
Injuries
9In her submission to the CICB, the Applicant quoted the description of her physical injuries from her Medical Reports. In addition to the cut on her hand, the Applicant wrote that she had bruises on her arm and leg, muscle spasms and a swollen shoulder and neck.
10On an emotional level, the Applicant wrote that she was sad and teary as a result of this incident. She suffered from nightmares and trouble sleeping afterwards. The Applicant wrote that she felt embarrassed when her pants were pulled down by the Offender. The Applicant feared the Offender and she temporarily moved out of her apartment for two months until the Offender moved to another building.
Medical Reports
11The CICB received a report from the Hospital who saw the Applicant in [date], 2016 at the Community Mental Health clinic. The Applicant has a history of PTSD symptoms with mood disorder, chronic pain disorder and fibromyalgia. The Applicant reported that her anxiety increased after this incident with nightmares, disturbed sleep and anxiety. The Applicant was going to continue with her medication and she was going to seek treatment from a counsellor.
12The CICB received a letter of support from the Applicant’s pharmacist, [name], who noted that after the October 2014 incident, the Applicant was experiencing more pain and anxiety than usual. Also, her speech was stuttered and she had difficulty expressing herself.
13The CICB received a Medical Report from the Applicant’s Doctor, Dr. [Name], who confirmed the Applicant’s physical injuries as described above.
14The CICB received a Therapy Report from Dr. [Name] who saw the Applicant in seven visits between [date] 2014 and [date] 2016. This was in addition to 29 visits which the Applicant had with this clinic between [date] 2002 and [date] 2014. The [Doctor] noted that the Applicant has a significant history of psychological symptoms since childhood (related to childhood trauma) which resulted in symptoms of PTSD, depression, panic disorder, agoraphobia and substance abuse for alcohol and cannabis. The Applicant has been in therapy since 2002 and her attendance at the Mental Health Clinic has been “on and off” since 2002.
Analysis and Decision
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 is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault and uttering threats.
16In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was shoved and threatened by the Offender. As a result of this incident, the Applicant suffered from a cut on her hand, and bruises on her arm, leg and neck. On an emotional level, the Applicant suffered from nightmares and her pre-existing psychological issues were noticeably exacerbated by this incident.
17The Applicant’s claim was supported with reports from Police, the Hospital, a friend, Pharmacist, a Doctor and a Psychiatrist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $3,000.00.
Award
18The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $3,000.00
TOTAL AWARD $3,000.00
19The 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
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $3,000.00
DATED at Toronto this 27th day of April, 2017.
Jo-Anne Hughes, Member