CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1604-03215
ORDER
INTRODUCTION
1The 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 [date], 2016 where he sustained physical/psychological injuries. The incidents were reported to the Police and resulted in the charges of mischief and assault police officer. However these charges were stayed due to Mental Health Diversion.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $1,000.00 for the reasons set out below.
ISSUES
3The Applicant must prove, on a balance of probabilities, that his injuries are the result of lawfully arresting or attempting to arrest an offender or suspected offender of an offence against a person other than the Applicant or his dependent or against such person’s property, or assisting a peace officer in executing his/her law enforcement duties
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report dated [date], 2016, and an email from the Applicant.
Police Report
6On [date], 2016, the [Name] Regional Police responded to a male following some people awkwardly, making them feel uncomfortable. During the investigation the Offender was being placed under arrest for mischief. During this time a struggle ensued, and the Applicant was head butted in the head by the Offender.
7As a result he received a swelling on the top of his head causing discomfort. Medical services were not provided. The Offender was then taken to the hospital where he was placed on a form one and placed in a psychiatric ward. The Police were unsuccessful in laying charges at the psychiatric ward due to the unknown amount of time that the Offender will be spending at the psychiatric ward.
8On [date] 2016 the police were granted a warrant for the arrest of the Offender on release.
Email correspondence from the Applicant
9The Applicant has submitted email from his Employer’s HR, advising no time was missed and, as he not sustained any injury, WSIB not contacted. Email is dated [date] 2016.
Email from the Applicant regarding his injuries
10“As per my injury it took about three weeks for the red/purple color to dissipate, and another 3-4 months after the incident for the numbness in my eyebrow to subside. Those were the physical effects. It was awkward having a black eye everyone I would come into contact with would want to know what happened. My daughter who was almost 2 at the time was very upset over the sight of it. It took me several days of explaining that it was not major and that I was ok for her to get over it. I never had any vision issues”.
ANALYSIS AND DECISION
11For the following reasons the CICB grants the Application.
12Based on the evidence presented, the CICB accepts that the Applicant was the victim of an assault. He had some minor injury including swelling on the top of his head causing discomfort, black eye it took about three weeks for the red/purple color to dissipate, and another 3-4 months after the incident for the numbness in his eyebrow to subside.
13Having considered all of the evidence before it the CICB is persuaded that the Applicant is a victim of crime of violence pursuant to section 5 of the Act and in the course of the assault he had also sustained injury and is therefore a victim pursuant to section 5(a) of the Act.
14In consideration of his victimization the CICB awards him $1,000.00 for pain and suffering.
AWARD
15The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $1,000.00
TOTAL AWARD $1,000.00
PAYMENT
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $1,000.00
DATED at Toronto this 22nd day of June, 2017.
Veda Rangan, Member