CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1611-00409
ORDER
Introduction
1In this case, the Applicant claimed he was assaulted by a roommate, the Offender, in a rooming house.
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 his October 2016 submission to the CICB, the Applicant wrote that while he was on a phone call with his daughter, someone was banging on his door. He finished the call, answered the door and was stabbed in the ribs by the Offender. Then, he ran downstairs to get the caretaker to call Police.
Police Report
4The CICB received a report from [Name] Regional Police in support of the Applicant’s claim. Police reported the Applicant left his room to use the common bathroom, he met the Offender in the hallway and without any provocation, and the Offender said he was going to stab the Applicant. Then, the Offender poked the Applicant on the left side of his stomach with a knife. The Applicant grabbed a pan for self-defence and ran downstairs for assistance.
5Police noted that as a result of this incident, the Applicant had “a small redness on the left side of his stomach area and he did not require medical attention”.
6As a result of their investigation, police charged the Offender with assault with a weapon and with possession of a weapon dangerous to the public peace. On [date], 2016, the Offender was convicted on the charge of assault with a weapon and he received twelve months of probation plus a ten year ban on the possession of weapons and his DNA was added to the national offender’s databank.
Injuries
7As a result of this incident, the Applicant wrote that he suffered from sharp pains and soreness to his ribs. Now, he is hyper-vigilant, always looking over his shoulder and easily startled and woken by the slightest noise. He suffers from nightmares and he no longer walks around downtown [City] unless other people are around.
8In February 2017, the CICB received an update letter from the Applicant on his condition. He wrote that since the incident, he has had “constant sharp pains” in his rib area. He has been taking pain killers but they are sometimes not effective. He notices this when he does certain types of movements like bending down, lifting, mopping and sweeping. Occasionally, he has to sit down because the pain is so bad. Also, this pain disturbs his sleep and it makes him think about the incident every day.
9He is still afraid to walk down the street, he’s constantly checking over his shoulder as he is constantly in fear that he may be stabbed again. He has to arrange to have someone around when he’s leaving house or walking around his neighbourhood.
Medical Reports
10The CICB received a Medical Report from Dr. [Name] who said the Applicant reported to him in [date] 2016 that he was stabbed with a knife in [date] 2016. At the time of his assessment, the Applicant was fine.
11The CICB received a Therapy Report, dated [date] 2017, from [Name] who saw the Applicant for twelve sessions between [date] 2016 and [date] 2017. These sessions were mostly funded by VQRP and the Therapist noted that she was still owed $396.00 for sessions provided to the Applicant.
12This Therapist reported that the Applicant suffers from a noticeable developmental delay, he is deaf in his left ear and he was attacked on the left side. The Applicant has complained of rib pain ever since the incident and since then he was attacked by another man on the street. As a result of these incidents, the Applicant has difficulty sleeping; he has nightmares and wakes up during the night in a panic. He is afraid to walk outdoors unaccompanied and he keeps his doors locked all the time. He used to spend a lot of time outside walking and riding his bike. Now, he stays home and watches TV as he is afraid his assailants will get other people to attack him.
13The Therapist noted that the Applicant continues to struggle with trust and his feelings of security and safety and confidence to handle whatever comes at him. This Therapist recommended that the Applicant should participate in future sessions to continue dealing with his ongoing emotional issues related to these incidents.
Expenses
14As of [date], 2017, the Applicant owed his Therapist $396.00 for counselling sessions.
Analysis and Decision
15Section 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 with a weapon.
16In 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 assaulted and poked with a knife. Fortunately, the Applicant was not physically injured in this incident. However, on an emotional level, the Applicant has suffered from a number of issues as he fears retribution from the Offender and others, he suffers from nightmares of being attacked and he's constantly on guard and afraid to walk down the street.
17The Applicant’s claim was supported with reports from Police, the Courts, his Doctor and a Therapist. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.
18The CICB considered the Applicant’s claim in respect to counseling/therapy costs, for which other supporting documentation was provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $396.00 for such costs.
19Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $2,400.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the date that the Applicant submitted his final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $2,400.00 amount described above.
Award
20The CICB orders payment as follows:
Section 7(1)(a) Expenses (therapy) $ 396.00
Section 7(1)(a) Future Pre-Authorized Therapy Expense $2,400.00
Section 7(1)(d) Pain and Suffering $5,000.00
TOTAL AWARD (AND COSTS) $7,796.00
Less: Preauthorized treatment costs -$2,400.00
TOTAL CURRENT AWARD $5,396.00
21The 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
22THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
Therapist $ 396.00
DATED at Toronto this 9th day of June, 2017.
Jo-Anne Hughes, Member