CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1701-00168
ORDER
Introduction
1In this case the Applicant claimed he was injured as a result of being confronted by two unidentified strangers who were on his patio.
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, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.
Incident
3In his January 2017 submission to the CICB, the Applicant wrote that about 1:45 a.m. on the date of the incident, he noticed, via a security camera, an unknown man was walking down his driveway. He opened the door and saw a second person, two bicycles and a backpack on the ground. The Applicant told both men to leave the property. When they refused, he grabbed the backpack and threw it over the fence into the back yard. One man took out a collapsible baton and swung it at the Applicant a few times. In response, the Applicant jumped over his back gate and landed hard on the ground. The two strangers fled.
Police Report
4The CICB received a Report from the [Name] Police Service which supported the Applicant’s claim. The Police Report confirmed the incident as described by the Applicant.
5Three months later, Police closed their investigation into this case as the suspects were unable to be identified.
Injuries
6In his submission to the CICB, the Applicant wrote that as a result of this incident, he had heel factures on both feet. The next day, his parents took him to the Hospital where he received a hard cast on his right foot. The Applicant reported that recovery took ten weeks and afterwards he still had discomfort standing or walking for more than three hours at a time. He had to be driven everywhere and he had to rely on his family to get around which was frustrating.
7The Applicant also reported that he had fear, paranoia and anxiety as a result of this incident. He was constantly checking locks on the doors and windows and he had difficulty sleeping.
Medical Reports
8The CICB received several Reports from [Name] Hospital in support of the Applicant’s claim. The Applicant presented with an injury to his left heel which would not allow him to bear weight. An x-ray confirmed the Applicant had a broken left heel. Also, Doctors noted that the Applicant had a severely bruised right heel which made it difficult for him to bear weight on his right foot as well as his left foot.
9The CICB received a Medical Report from Dr. [Name] who confirmed the Applicant was unable to bear weight or work with his broken ankle from [date], 2016 until [date], 2017.
Expenses
10The Applicant provided receipts showing that he paid $180.00 for an “air cast” and $41.00 for crutches to [Name] Hospital. His insurance company reimbursed him $131.40 for these expenses leaving him an out-of-pocket expense of $89.60.
11The CICB received a report from the Applicant’s Employer which confirmed that he was off work from [date], 2016 to [date], 2017. His average take-home pay was calculated to be $709.00 per pay period. His potential take-home earnings for the two months, two weeks and five days that he was off work was calculated to be $3,899.50. He received benefits totaling $2,920.01 that leaves him a net loss of $979.49.
Analysis and Decision
12The fact that there has not been a conviction is not fatal to the Applicant’s claim. Section 16(1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury or death.
13The CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of Assault, and therefore, a victim within the meaning of section 5 (a) of the Act.
14In 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 threatened with a baton and chased over a fence. As a result, the Applicant received significantly bruised heels and he broke his left heel. On an emotional level, he suffered from anxiety, fear of retribution, sleep difficulties and he became hyper-vigilant about his safety. Also, the Applicant was unable to work for a period of nearly three months.
15The Applicant’s claim was supported with Reports from Police services, the Hospital and his Doctor. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $4,000.00.
16The CICB considered the Applicant’s claims in respect to medical expense costs, for which receipts and other supporting documentation were provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $89.60 for such costs.
17The CICB has considered the Applicant’s income loss claim as calculated above. The CICB finds the Applicant’s claim to be both reasonable and within the context of the Act and will therefore award $979.49 for the Applicant’s income loss.
Award
18The CICB orders payment as follows:
Section 7(1)(a) Expenses (Prosthetics) $ 89.60
Section 7(1)(b) Income Loss $ 979.49
Section 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD (AND COSTS) $5,069.09
19The 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
20THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,069.09
DATED at Toronto this 13th day of September, 2017.
Jo-Anne Hughes, Member