Re 1606-03735, 2017 ONCICB 126

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Veda Rangan

Date: May 16, 2017

Indexed as: (Re) 1606-03735

ORDER

Preliminary Matter

Section 7 of the SPPA

1The Applicant, having been duly notified of the hearing, failed to attend. Pursuant to section 7 of the Statutory Powers Procedure Act, the CICB proceeded to hear this Application based on the documentary evidence filed with it.

INTRODUCTION

2The 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 pain and suffering as a result of physical assault that occurred on [dates] 2015 where she sustained physical/psychological injuries. The incidents were reported to the Police and resulted in a conviction for assault. The Offender was sentenced to 45 days jail, 18 months’ probation.

DECISION

3The CICB approves the claim of the Applicant for pain and suffering and awards the Applicant the sum of $6,000.00 for the reasons set out below.

ISSUES

4A 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 her injuries are the result of the crime pursuant to subsection 5(a) of the Act.

EVIDENCE

Documentary Evidence

5The CICB received the following documents with respect to the claim: Police Report dated [date] 2015, Medical Reports dated [date],2016 and Therapy Report dated [date], 2017.

Police Report

6On [date] the Offender thought that the Applicant had taken his drugs. Upset about this assumption, the Offender ripped apart the apartment, tossed the clothes and food around the apartment and then barged into the Applicant’s room and put the Applicant in a vicious headlock. He then threw her up against the wall and during the struggle she managed to break free and yelled at their son [age] to phone 911.

7The Applicant then went downstairs to the main floor where her son was. While getting her son ready for school, the Offender came down the stairs where the arguing continued. While arguing, the Applicant grabbed the Offender’s jaw with her hand and yelled at him saying that he was going to lose his son. At that time the Offender pushed the Applicant with both his hands through a baby gate and down 6 stairs causing injury to her face, leg, and her foot. As she tumbled to the bottom of the stairs their son ran down the stairs to comfort his mother. She then called her father who called 911.

Medical Report from Family Doctor

8Report from the Family Doctor reports closed head injury, concussion, bruising in the right and left leg and periorbital bruising. The Report notes that she was prescribed Advil and Ativan and referred to mental health professionals regarding PTSD aspect of injury.

Therapy Report

9The Report states that the Applicant has been involved in a relationship with the Offender for 12 years. They have been married for 4 years. They have a [age] son. After the assault on her the Applicant was recommended to contact the crisis worker at [Name] and was told by the worker she could stay at that place for a short period of time. In [date] 2012 the Applicant told the worker she was experiencing “depressive symptoms: apathy, difficulty getting out of bed for days, feelings of dread, isolation from social activities, low self" worth and esteem, and negative self-talk. She described a history when younger of being labeled "hyper" as well she reported currently being unable to prevent herself from engaging in repetitive behaviours such as cleaning. She described feeling "tired and drained" from these behaviours”. She shared that she also struggles with intense anxiety.

10The Report states that prognosis is unknown at this time. The Therapist states that the Applicant would benefit from ongoing consistent psychotherapy and professional supports. The Report also states that the concurrent disorder and her interpersonal relationships/trauma all of which impacts on her prognosis.

ANALYSIS AND DECISION

11For the following reasons the CICB grants the Application by the Applicant for pain and suffering. Based 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 domestic assault which caused her to suffer injuries from the assault perpetrated against her.

12As 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 domestic assault.

13In assessing pain and suffering the CICB has considered the nature of the assault, which included pushing, slapping, kicking and choking, and the fact that it happened in the context of a domestic environment. The CICB has also considered the nature of the physical injuries including splinters in legs and feet, bruising from hip to ankle, blackened eye, inability to walk properly and the emotional impact which has resulted in 2 nervous breakdowns and concussion. The Applicant continues to feel the residual impact of the trauma. The CICB has also considered the fact that it happened in the presence of her young son. In consideration of her victimization the CICB awards her $ 6,000.00 for pain and suffering.

14The Therapist recommends continuous and consistent counselling. However in the absence of the Applicant at the hearing of her claim the CICB is unable to determine if she has other financial sources available for counselling for her to access before assigning any amount towards counseling costs.

AWARD

15The CICB orders payment as follows:

Subsection 7(1)(d) Pain and Suffering $6,000.00

TOTAL AWARD $6,000.00

PAYMENT

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

The Applicant $6,000.00