CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1602-02347
ORDER
INTRODUCTION
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking loss of income, pain and suffering as a result of robbery that occurred on [date], 2015 where he sustained physical and psychological injuries. The incidents were reported to the Police and resulted in in the Offender pleading guilty to offence of robbery. He received a jail term of 3 years, a life time weapons probation and 13 months pre sentence custody.
DECISION
2The CICB approves the claim of the Applicant and awards the Applicant the sum of $7,000.00 for the reasons set out below.
ISSUES
3A conviction may be taken as conclusive evidence that an offence has been committed pursuant to section 11 of the Act. Given that there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support his claims for:
a) income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work pursuant to subsection 7(1)(b) of the Act.
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim: Police Report dated [date] 2017, Hospital Records from emergency department of [Name] General Hospital dated [date], 2015, and Medical Report from his Family Physician, Dr. [Name] dated [date] 2016 (black and white photographs of the injuries, employment records from [Employer] dated [date] 2016.
Police Report
7On [date] 2015 Police were called to the housing complex for a robbery that had just occurred. The Police learnt that the Applicant was stabbed by the passenger when he was asked to pay the fare. The passenger demanded money and presented a knife. The Applicant was struck on the head from behind with a knife, causing him to sustain a laceration, requiring 5 staples to close. The passenger, the Offender, exited the cab and escaped. Two witnesses assisted the Applicant and called the Police. Photos were obtained from the video camera in the taxi.
Hospital Report
8The Applicant was treated for injuries at the Emergency department at [Name] General Hospital. The injuries included head injury resulting in a large laceration about 2-3 cm wound on top of head which required 5 staples and 2 more superficial lacerations on middle of forehead and near right temporal area for which steri-strips were applied.
9These large lacerations to the head showed no evidence of penetration, and the dressing was applied to his head and then was directed to the trauma suite. No neuro deficits were noted.
Dr. [Name] Medical Report
10On [date] the Applicant attended his Family Doctor’s clinic to have staples removed. The Doctor states that he was unable to work for 2 weeks (from [dates] 2015) as he required cognitive rest. He was prescribed Tylenol #3 for pain control. The Doctor expects full recovery.
Black and white photographs of the injuries
11The Applicant had also proffered several photographs of his injury taken from different angles.
Employment Report
12The Report noted the Applicant’s absence from work from [dates] 2015 due to head injuries.
Facts of the Claim from the Application
13On [date] 2015 around 11:30 pm, the Applicant was driving a [Name] Cab in [City]. He picked up a passenger, the Offender, and he asked to be driven to [location]. On arrival at the destination the Offender asked him to drive into a parking lot. When the Applicant asked for the fare, the Offender pulled a knife, stabbed his head and then ran away without taking any money from the Applicant.
ANALYSIS AND DECISION
14For the following reasons the CICB grants the Application.
15Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of robbery which caused him to suffer a physical injury to the head which required medical intervention and absence from work for 2 weeks due to pain. The Applicant was also emotionally impacted by this single incident and in his narrative to the CICB he states “I was in a lot of pain and had lots of stress. I was very scared. I am still scared now. I didn't leave the house much. I am driving my cab again, but now I am still very scared. I am scared I might get hurt again by someone.”
16As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5 (a) of the Act in connection with the robbery while on duty as a taxi driver.
17In arriving at its award for pain and suffering, the CICB has considered: the nature of the incident –involving a robbery by an armed assailant who assaulted him; the nature of the Applicant’s physical injuries and the nature and extent of the Applicant’s emotional injuries. In this regard, the CICB assesses compensation for pain and suffering in the amount of $7,000.00.
Claim for loss of income
18The CICB has considered the Applicant’s income loss claim. It is the CICB’s practice to reimburse income loss to a maximum of $1,000.00 per month or $50.00 per day and having considered the particular circumstances of this case, the CICB finds no compelling reason to deviate from that practice. Accordingly, the CICB now awards $500.00 for income loss (2 weeks @ $250.00 a week)
AWARD
19The CICB orders payment as follows:
Subsection 7(1)(b) Income Loss $ 500.00
Subsection 7(1)(d) Pain and Suffering $7,000.00
TOTAL AWARD $7,500.00
Payment
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $7,500.00
DATED at Toronto this 4th day of May, 2017
_____________________________________
Veda Rangan, Member