CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1611-00643
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 medical expenses, loss of income, pain and suffering as a result of physical assault including robbery, that occurred on [date] 2015 where he sustained physical/psychological injuries. The incidents were reported to the Police and resulted in conviction on charges of robbery with violence and assault causing bodily harm.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $8,000.00 for the reasons set out below.
ISSUES
3A 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 his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support his claims for:
a. expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the Act
b. income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work pursuant to subsection 7(1)(b) of the Act.
HEARING
5The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
6The CICB received the following documents with respect to the claim: Police Report dated [date] 2017, Hospital Records from [Hospital Name] and Victim Impact Statement.
Police Report
7The Police Report states that the Applicant, a legally blind person requiring assistance of a white cane/walking stick, reported a robbery to the [Name] Police Services.
8He told the Police that he was exiting the bus and began walking along his normal and familiar route home. He had travelled approximately 50 meters on the north sidewalk and he bumped into a car that was not usually located there.
9An unknown male approached him and accused the Applicant of trying to break into the car. The Applicant denied the accusation and apologized for bumping into the car. He then continued to walk and when he got to the rear of the vehicle he felt a sharp slash to his throat area. He advised that the slash was without resistance or provocation as he could not tell where the Offender was, due to his disability. The Offender walked to the back of the Applicant and told him he would stab him if he did not give him his wallet. The Applicant complied and held his wallet out and the Offender took it from him.
10The Offender began to leave, but ran back and took the Applicant’s walking stick.
11The Applicant then made his way home despite being completely helpless without his walking stick. At this time he called Police. Officers responded to the radio call and generated a report listing the items in the wallet. The Applicant had sustained a cut that required nine stitches to the front of his neck.
Report from Hospital
12The Applicant told the Emergency staff that he was initially disoriented, but then found his bearings and continued home and called 911. He had sustained a 5cm diagonal laceration on right side and 8 cm horizontal laceration on centre of neck. The staff nurse noted mild active bleeding; a dressing was put in place and CCAS was arranged to attend the Applicant’s home to assist with wound dressing.
13The Report notes that the injury was sustained during a robbery and that the Applicant did not lose consciousness.
Victim Impact Statement
14In his Victim Impact Statement, the Applicant states that the physical injury he received that night had healed fully and without complication, leaving a minimum of detectable scarring. There has been no long term impact of the physical injuries, and he has been able to return to full participation in all his activities.
15With regards to the psychological impact from that night he has largely been able to put behind him. In fact he immediately decided, he was going to do everything he needed to do not to victimize himself. He continued his life as before and had decided to return to work and other activities as soon as possible. He also has support through his work benefits such as counselling. In spite of the strides he has made in dealing with the emotional upheaval he is unable to travel in the same route in the evenings, especially after dark.
16On rare occasions he has found that his body will tense up when he hears about a violent crime on the news. He sometimes experiences feelings of vulnerability when he is traveling and has become very cautious around strangers.
17On some mornings when he touches his neck in the process of shaving he would be reminded of that night when he was assaulted.
18In conclusion he states:
The impact of these tensions, feelings and flash backs have declined with time, and hopefully will continue to do so with the passage of more time. But as much as this crime has impacted me, I am also conscious of how it has impacted the blind community and the larger disabled community and it's feelings of safety on our city streets.
ANALYSIS AND DECISION
19For the following reasons the CICB grants the Application.
20Based 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 robbery which caused him to suffer injury to neck and above the eye area. This injury required medical intervention and after care for a week. The Applicant was also impacted emotionally and continues to feel the residual impact of the same. As 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 robbery.
21In arriving at its award for pain and suffering, the CICB has considered: the nature of the incident –involving a robbery by an assailant who assaulted him; the nature of the Applicant’s physical injuries and the nature and extent of the Applicant’s emotional injuries and the fact that the Offender took advantage of a person who was visually impaired. In consideration of his victimization the CICB awards the Applicant $8,000.00 for pain and suffering.
Expense Claim
22The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for ambulance fee of $45.00.
AWARD
23The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $8,000.00
TOTAL AWARD $8,000.00
PAYMENT
24THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $8,000.00
DATED at Toronto this 14th day of July, 2017
Veda Rangan, Member