Re 1701-00177, 2017 ONCICB 278

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Evelyn J. Baxter Date: October 10, 2017 Indexed as: (Re) 1701-00177

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 compensation for expenses and pain and suffering as a result of a physical assault that occurred on [date], 2016 where he sustained physical/psychological injuries. The incident was reported to the Police and resulted in charges and a finding of guilt

DECISION

2The CICB approves the claim and awards the Applicant the sum of $2,000.00.

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.

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, Medical Report, and other documents.

6On [date], 2016, the Applicant was assaulted by the Offender, a neighbour of the Applicant, after the Applicant reported the Offender for smoking in the apartment building hallway. The Offender confronted the Applicant, who uses a wheelchair and crutches, and an argument occurred. The Offender went to his apartment, fetched a metal pipe, returned to the hallway and hit the Applicant on the shins and stomach with the pipe. The Applicant was able to use his crutches to ward off some of the blows.

7Police were called by the Applicant. They attended and arrested the Offender.

8The Applicant’s Family Doctor noted the Applicant suffered bruises on his right shin and knee areas. The bone was struck and caused the Applicant a great deal of pain. He was given pain medication and the wound was dressed. The Doctor noted the Applicant could have pain indefinitely given the location of the injury on his knee.

9The Applicant self-reported he is bothered by the assault, has knee pain, is afraid of the Offender, has sleep problems, is afraid to leave his apartment and has an eating problem. He requested counselling to help him to stop obsessing about the incident.

ANALYSIS AND DECISION

10The CICB grants the Application for the reasons set out below.

11Having considered the documentary evidence presented, the CICB finds the Applicant suffered injuries as a result of an assault committed against him by the Offender on [date], 2016. Accordingly, he is found to be a victim within the meaning of section 5(a) of the Act.

12In relation to the Applicant’s injuries, the CICB has been provided with a Medical Report to evaluate the nature of his injuries. The CICB accepts that he suffered minor injuries to his knee and shin. It also accepts that the Applicant suffered psychological injuries including anxiety as he reported in his Application. The CICB also considered the fact the Applicant is a vulnerable person given his mobility issues.

13In assessing compensation, the CICB considered the nature of the incident and the physical injuries sustained. Having considered these factors, the CICB awards $2,000.00 for pain and suffering.

14Based on the Applicant’s evidence, the CICB authorizes up to $1,000.00 (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 time 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 $1,000.00 amount described above.

AWARD

15The CICB orders payment as follows:

Subsection 7(1)(a) Future Pre-Authorized Counseling $1,000.00

Subsection 7(1)(d) Pain and Suffering $2,000.00

TOTAL AWARD (AND COSTS) $3,000.00

Less: Preauthorized treatment costs $1,000.00

TOTAL CURRENT AWARD $2,000.00

PAYMENT

16THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $2,000.00

17The 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.