(Re) 1609-04977, 2017 ONCICB 106

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes

Date: April 27, 2017

Indexed as: (Re) 1609-04977

ORDER

Introduction

1In this case, the Applicant claimed he was assaulted by while arresting a suspect (the Offender).

2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(b) 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 his September 2016 submission to the CICB, the Applicant wrote that on the date of the incident, he was driving when he saw the Offender kick the side of a vehicle as it was turning at this intersection. The driver stopped his vehicle and got out to confront the Offender, who ignored him. The Offender then pushed the driver away and walked into a nearby subway station. The Applicant and his colleague exited their vehicle, identified themselves to the Offender and attempted to keep him there until uniformed officers arrived. When they went to arrest the Offender, he resisted in a violent manner and the Applicant ended up on the ground and hurt his right arm.

Police Report

4The CICB received a report from the Police Service in support of the Applicant’s claim. Police confirmed that the Applicant, a homicide detective, was involved in the arrest of the Offender, after he damaged a vehicle by kicking it, then he pushed the driver to the ground and attempted to flee into the subway.

5During this incident, the Applicant and his partner identified themselves as police officers and informed the Offender that he was under arrest. The Offender responded by hitting the officers with his elbows and running into the subway station. Police noted that the Applicant’s right arm and elbow were injured in this incident.

6Relative to the Applicant, Police charged the Offender with assault with intent to resist arrest, assault peace officer and escaping lawful custody. On [date], 2016, he was convicted of two counts of assault peace officer, escape lawful custody, failure to comply and two counts of mischief. He was sentenced to 98 days of pre-sentence custody, three months of intermittent custody plus three years of probation.

Injuries

7The Applicant wrote that during the incident, he injured his right arm and elbow with significant, bruises, pain and swelling. The Applicant’s Doctor prescribed medication to reduce the swelling and pain of these injuries. The Applicant also provided pictures of his injuries to the CICB.

Medical Report

8The CICB received a Medical Report from the Applicant’s Physician, Dr. [Name], who confirmed the Applicant had injuries to his right arm and elbow as a result of this incident. The Physician saw the Applicant four days after the incident and expected him to have a full recovery from his injuries.

Expenses

9The Applicant wrote that as a result of his injuries, he was unable to use his fitness membership for four months, which was costing him $84.75 per month. Also, the next week, he was unable to finish a construction project which he had planned at his cottage, so he had to arrange for other people to help him during the summer months and eventually he hired a contractor to do the essential parts and finish the job.

Analysis and Decision

10Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. Considering the evidence presented, the CICB finds that the Applicant is a victim within the meaning of section 5(b) of the Act as a result of a single incident of assault peace officer.

11In 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 violently attacked by the Offender who was being arrested for damaging a car. The Applicant was elbowed in his right arm which left a large bruise and swelling to his arm and elbow. The Applicant wrote that as a result of this incident, he was unable to use his gym membership for three months and he had difficulty getting some construction work done at his cottage. However, he did not provide any corroboration of those claims.

12The Applicant’s claim was supported with Reports from Police and his Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $2,000.00.

13The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to personal items/property/moving costs/financial debts. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to his gym membership and cottage construction costs.

Award

14The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $2,000.00

TOTAL AWARD $2,000.00

15The 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

16THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $2,000.00