CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1608-04614
ORDER
Introduction
1This is an Application brought by the Applicant seeking compensation for injuries arising from the commission of an alleged crime of violence in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). An assault is alleged to have been committed against the Applicant by the Alleged Offenders on [date], 2016 in the Province of Ontario.
Decision
2The CICB approves the Applicant’s claim with respect to physical assault committed against him on [date], 2016 by the Alleged Offenders and awards him the sum of $9,000.00 as compensation for pain and suffering. The CICB also approves expenses incurred by the Applicant in the amount of $820.00 and loss of income in the amount of $1,950.00. In addition, the CICB approves ambulance expenses in the amount of $45.00 to be paid to DC, as per the claim of the Applicant.
Evidence
Applicant’s written submissions regarding the incident
3In his Application before the CICB, the Applicant described the incident under the heading “Details of the Crime” as follows:
I was in [City] with a friend. After the game…I was walking on street, looking at my phone at a map, and I saw a group of feet….they called me a cop and slapped my wallet out of my hand. They took the money out of my wallet and walked away. I walked after them and asked them for the money back…the one guy started jumping around and he turned to face me with a gun to my head. Then, everything goes black. I woke up on the ground and there is blood underneath me and I was lying in a big pool of my own blood…I thought I was shot but then discovered later I was stabbed three times in the back. I got up and had trouble breathing…I walked a block or two and found a convenience store. I asked the store clerk…to call 911…Police came and then an ambulance and took me to [Name] Hospital.
Applicant’s written submissions regarding his injuries
4In his Application before the CICB, the Applicant described his injuries under the heading “Details of Injuries” as follows:
3 stab wounds to the right side of the back, considered tier-2 trauma. Small puncture to my right lung, I had marks on my head, large bruising and scrapes on my right side of the head, scrapes on my elbows. I had blood in my mouth but not from any dental trauma.
This incident has left me feeling angry, resentful…I have a loss of trust in people…I have night terrors, which prevent me from getting enough rest and the following day I am not feeling myself and almost robotic. I have flashbacks…start to sweat and feel as though it is happening to me all over again. I have days where I do not feel like leaving the house. I get nervous in crowds because of lack of control…I feel much stigmatized that this happened to me. I feel at times people are judging me as though I had something to do to contribute to my circumstances.
I have experienced a loss of independence as a result because of my limited mobility. I couldn’t drive, shower, or look after myself in anyway for 2-3 weeks, which really impacted my mental health and my self-esteem. I feel depressed, anxious…I have also discovered that with all this stress, my blood pressure has risen a lot, which causes me concern.
I would really benefit from trauma counselling as I feel I am dealing with some severe Post Traumatic Stress. I cannot seem to relax my body or rid myself of the crippling anxiety I feel day in and day out.
5In support of his injuries claim, the Applicant has submitted reports from [Name] Hospital, [Name] Regional Health Centre, his Family Physician, after-hours clinic and his Physiotherapist.
Police Report
6Police report, on file, corroborates the Applicant’s version of the incident. “Suspects were never identified.” It adds if charges were to be laid, it would be “Aggravated Assault.” The Report confirms that the Applicant “sustained a stab wound that eventually collapsed a lung.”
Issues
7Pursuant to subsection 5(a) of the Act, the CICB must determine on a balance of probabilities,
a) Whether a crime of violence occurred against the Applicant; and, if so;
b) The nature and extent of the injuries sustained;
c) Whether compensation should be awarded and if so, the amount;
d) Consider incident related expenses and loss of income, as requested by the Applicant.
Analysis and Decision
8With respect to an incident of physical assault alleged by the Applicant to have occurred on [date], 2016, the fact that there has not been a conviction is not fatal to