(Re) 1611-00611, 2017 ONCICB 143

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes Date: June 06, 2017 Indexed as: (Re) 1611-00611

ORDER

Introduction

1In this case, the Applicant claimed that she was assaulted by a client, the Offender, while she was on her way home.

2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act; what injury, if any, rose from it; and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Incident

3In her November, 2016 submission to the CICB, the Applicant wrote that while she was walking home from work, the Offender approached her, yelling at her as she had done earlier that day at work. The Applicant walked away and the Offender kicked her in the back, causing her to fall to the pavement. Police were called and they took photographs of the Applicant’s injuries.

Police Report

4The CICB received reports from the [Name] Police Service in support of the Applicant’s claim. On the date of the incident, the Offender was involved in a verbal altercation with the Applicant and her co- worker. The Offender was in a store at a gas bar and she tried to grab a cigarette lighter from a tray on the counter. After a verbal altercation, the Offender left the store. Then, later that evening, about 11:20 p.m., the Applicant was walking home from work, saw the Offender and decided to go over and scold her for her earlier actions. After that, while the Applicant was walking away, the Offender kicked her in the back, causing her to fall to the pavement.

5Paramedics attended the scene and it was determined that the Applicant did not need any additional medical treatment at that time.

6As a result of their investigation, Police charged the Offender with two counts of assault – one for the kick and one for spitting on the Applicant’s shirt earlier that day. On [date], 2016, the Offender was convicted on one count of assault and she was sentenced to 30 days of a conditional sentence plus twelve months of probation.

Injuries

7In her statement to the CICB, the Applicant listed her injuries as soreness to her face, a scar on her knee and a bruise on her right hand. The Applicant’s knee injury took a month to heal and she had to wear a special bandage to help. The Applicant also wrote that she still has pain in her left leg from this incident.

8On an emotional level, the Applicant felt unsafe and afraid to be alone in the area where the incident occurred. The Applicant fears that she may encounter the Offender so she asks her husband to accompany her. She still has problems with her knees which are sore when she climbs stairs.

9In her Victim Impact Statement, the Applicant said she had soreness to her face from hitting the ground after she was kicked. Her left knee was scraped and bruised. Ambulance attendants helped to stop her bleeding and then she saw her family doctor. Now, the Applicant is always looking behind to see if anyone is following her. She fears strangers when she is walking alone. The Applicant stayed away from the area where she was assaulted as she feared that she might encounter the Offender again. Now she is easily upset and when she thinks about the incident, it makes her nervous and afraid.

10In an April 2017 update letter, the Applicant wrote that she still suffers from emotional stress, anxiety, fears and nightmares from this incident. She fears that someone will come and attack her again while she is walking near the waterfront and the [location] in [City] and she occasionally has nightmares about this. The Applicant wrote that she would like to move to a different neighbourhood to get away from her memories of this incident.

Medical Reports

11The CICB received an ambulance report with confirmed the Applicant’s injuries to her left knee and cheek from hitting the pavement after she was kicked.

12The CICB also received a medical report from Dr. [Name] who saw the Applicant a week after the incident. The Doctor confirmed the Applicant’s left knee was dressed by EMS when they attended to her injuries at the scene. Also, the Doctor noted that the Applicant suffered from anxiety and stress related to this incident as she had fears of a subsequent attack by the Offender.

Expenses

13The Applicant had no expense claims and the CICB received a report from the WSIB which confirmed the Applicant made no claim related to this incident.

Analysis and Decision

14Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of assault.

15In 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 spat on and later kicked which caused her to fall to the ground hurting her knee, face and hand. As a result, the Applicant suffered from a cut left knee which took a month to heal. On an emotional level, the Applicant suffered from emotional stress, anxiety, fears and nightmares from this incident. She fears retribution from the Offender and she fears unsafe walking alone.

16The Applicant’s claim was supported with Reports from Police, a Paramedic and her Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.

Award

17The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $4,000.00

TOTAL AWARD $4,000.00

18The 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

19THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $4,000.00