CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kabir Ravindra
Indexed as: (Re) 1609-04692
ORDER
Introduction
1You are now [age] years of age. This claim arises out of an altercation with a tenant at your residence on [Name] Drive in [City]. He was assaulting your husband with a baseball bat. You intervened and he threatened you. He had also previously threatened you and made racial slurs on a number of occasions. You were not able to stop him from seriously injuring your husband. This situation was upsetting and you seek compensation for your pain and suffering.
2The tenant was charged with assault with a weapon as against you, but this was withdrawn. He shall be referred to as the Alleged Offender in this order. (He was convicted of assault causing bodily harm in regards to your husband).
Decision
3For the reasons set out below, the CICB approves the claim and awards $2,500.00 for pain and suffering, and leaves the door open for you to access funding for future counselling.
Issues
4Since there was no conviction for the offence against you, the first issue to be determined is if you were a victim of a crime of violence. The second issue is to consider the impact this incident had on you. The third issue will be to consider funding for counselling.
Analysis
5It is indicated in the Application, Police Report and Therapy Report that you and your husband had decided to live apart within the same house. The plan was to evict a long term tenant and move into that unit so that you could continue to parent your child together while living independently from each other. The Alleged Offender had previously made racial slurs and been violent. You had installed cameras in case he vandalized the property. On the date in issue, he was brutally assaulting your husband with a baseball bat. You intervened and also became involved in the struggle.
6Although you did not suffer lasting physical injuries, it is clear that you experienced an emotional injury as a result of this incident. The following impacts are noted in your Application and the detailed Therapy Report: not functioning well; not eating well; not able to do housework; absent-minded; anxiety; depression; not sleeping well and using sleeping pills; nightmares; panic attacks; unable to trust others; feeling unsafe; change in behaviour/personality; now prefer to be alone; sadness. The CICB accepts the Report and finds it more likely than not that these symptoms flow from the incident.
7The CICB does not require a conviction to make a compensation award, if it is clear on a balance of probabilities that the incident in fact took place. In light of the fact the Alleged Offender was convicted of assaulting your husband, and noting the details of the incident in the Police Report and the confirmation of your injuries in the Therapy Report, the CICB finds that you were a victim of a crime of violence, as set out in section 5(a) of the Act.
8The CICB does its utmost to ensure consistency of its decisions, regardless of which CICB member considers the claim, or if it is heard by one or two CICB members. In light of what took place and how it has impacted you, the CICB finds it would be consistent and within its mandate to award $2,500.00 towards your pain and suffering.
9The Counsellor notes that her fees are covered by OHIP, and that a few more sessions are available. However, if you require additional counseling as a direct result of this crime, and the cost of that counseling is not covered by other sources such as workplace benefits or insurance, section 25 of the Act permits the CICB to consider varying this Order to include payment for the additional counseling expenses. If you are considering seeking a variation of this Order to include the cost of additional counselling, kindly contact the CICB for more information, because prior authorization is required.
Award
10The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $2,500.00
TOTAL AWARD $2,500.00
11The 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
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $2,500.00
DATED at Toronto, this 4th day of May, 2017.
Kabir Ravindra, Member