CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kabir Ravindra
Indexed as: (Re) 1611-00557
ORDER
Introduction
1You are a Police Officer. This claim arises out of a chase in which you were assaulted and injured.
2The Offender pled guilty to resisting arrest. He received a conditional discharge and 12 months’ probation.
Decision
3For the reasons set out below, the Criminal Injuries Compensation Board (CICB) approves the claim and recognizes your pain and suffering with an award of $3,500.00.
Issues
4The issues to be determined are:
Did a crime of violence occur?
What is the scope of the injuries sustained?
What is the appropriate compensation within the CICB’s mandate?
Analysis
5It is indicated in your Application and supporting file materials that you were injured while making an arrest. The Offender fled on a scooter. When you caught up to him, you both fell back slightly and then you were struck in the face.
6Section 5(b) of the Act reads as follows:
Injuries compensable
- Where any person is injured or killed by any act or omission in Ontario of any other person occurring in or resulting from,
(b) lawfully arresting or attempting to arrest an offender or suspected offender for an offence against a person other than the applicant or his or her dependant or against such person’s property, or assisting a peace officer in executing his or her law enforcement duties;
7You have indicated that you are not sure whether the Offender struck you by throwing his head back or if you were hit with the scooter handle bar. The CICB finds the precise mechanics of the blow to be immaterial: either way, you were injured because the Offender was actively resisting your lawful arrest. The CICB finds that this incident falls squarely within the situation contemplated by section 5(b) of the Act, as quoted above.
8Between your Application and the Medical and Dental Records, it is evident that you suffered the following physical injuries:
a cut to the upper left side of your mouth, including a 1/2” hole through the upper lip;
partial broken tooth #22;
scar on lip (received 10 stitches);
lump inside of lip;
numbing to part of lip; and
painful hot/cold sensation to nerve around mouth.
9You also advised that you had difficulty sleeping after the incident.
10The CICB accepts that the injuries you have cited flow from the incident, and notes that the Medical and Dental Records confirm the physical injury.
11In light of the conviction, and noting the confirmation of most of your injuries in the Medical Records, the CICB finds that you were a victim of a crime of violence, as set out in section 5(b) of the Act.
12The 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. The CICB notes that the scarring remains visible and you continue to experience some discomfort around the injury site. 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 $3,500.00 towards your pain and suffering.
13PLEASE NOTE: The Workers’ Safety and Insurance Board (WSIB) has already covered your dental fees and lost regular wages. There is no indication that the WSIB has considered you for a non-economic loss award.
14You have previously been advised that missed ‘paid duty’ overtime opportunities are not eligible for CICB compensation.
Award
15The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $3,500.00
TOTAL AWARD $3,500.00
16The 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
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $3,500.00
DATED at Toronto this 8th day of June, 2017
Kabir Ravindra, Member