(Re) 1601-02000, 2017 ONCICB 28

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes Date: February 09, 2017 Indexed as: (Re) 1601-02000

ORDER

Introduction

1In this case, the Applicant claimed he was assaulted by a stranger (the Offender) at a bar.

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.

Evidence

Incident

3In his [date] 2015 submission to the CICB, the Applicant wrote that he was at a bar, stepped outside for a smoke and a stranger (the Offender) said he was going to take the Applicant’s watch and necklace. Then, he punched the Applicant in the face which broke his two front teeth.

Police Report

4The CICB received reports from the Police Service in support of the Applicant’s claim. Police confirmed the Applicant was “sucker punched” which caused a major injury to his mouth. Police charged the Offender with Assault Causing Bodily Harm. The Offender pled guilty in [date] 2016 and he was scheduled for sentencing in [date] 2016. Police noted that as restitution, the Offender agreed to pay the Applicant $10,000.00 for his dental bills. The CICB has no additional information on the disposition of the Offender’s guilty plea.

Injuries

5The Applicant wrote that due to this incident, his two front teeth have been missing for two years. The Applicant’s jaw was also broken and people have laughed at his missing teeth. The Applicant wrote that he spent about $1,000.00 on dental bills, he took five days off work because of pain and swelling in his face and he needs $10,000.00 to get his teeth replaced.

6The Applicant wrote that this incident stopped him from pursuing a career in policing, so he stopped working in security and he went to work in a factory. Later, he returned to security to pursue a police career.

Medical Reports

7The CICB received a Dental Report from Dr. [H], dated [date] 2016. He provided notes from doctors who saw the Applicant. On [date], 2013, Dr. [B] noted that tooth numbers “1.1 and 1.2 avulsion” (torn away). On [date], 2013, Dr. [N] noted the Applicant had a “horizontal fracture… of maxillary alvenolar ridge” (upper tooth sockets). On [date], 2014 Dr. [H] provisioned an “acrylic dental prosthesis” (temporary replacement for missing teeth). Also, Dr. [H] provided an estimate for implants to repair the Applicant’s missing teeth - $9,500.00.

8The CICB received reports which showed that on the date of the incident, the Applicant went to the Emergency Department via an ambulance, which noted that the Applicant was punched in the mouth and as a result, he lost his two front teeth. An x-ray showed no sign of facial bone fractures.

Expenses

9In his submission to the CICB, the Applicant noted that he paid $50.00 for an ambulance, but he did not provide a receipt for that payment.

10The Dental Report from Dr. [H] noted a $462.00 charge for his services in [date] 2014, and that the Applicant had paid $300.00 towards that bill. The Applicant did not provide a receipt for that payment or an invoice for the remaining amount.

11The CICB notes that the Applicant had a $9,500.00 estimate from Dr. [H] to repair his teeth and the Police Report noted that the Applicant was to receive $10,000.00 in restitution from the Offender.

12In his written submission, the Applicant claimed that he took 3-5 days off work due to pain and swelling. However, he did not provide any other information to support that claim.

Analysis and Decision

13Section 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 Causing Bodily Harm.

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 sucker punched in the mouth and as a result, he was in pain for a week and his two front teeth were knocked out.

15The Applicant’s claim was supported with reports from Police, a Hospital and three Dentists. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.

16The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amounts 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, past and future dental treatment.

17With respect to the Applicant’s claim for income loss, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or Income Tax records and/or medical confirmation of disability) in order to verify an applicant’s employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed, and to confirm the period of disability. In the absence of any documentation to support his claim, and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the Applicant has failed to establish his claim for income loss and the claim in that regard is hereby denied.

Award

18The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $5,000.00

TOTAL AWARD $5,000.00

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 $5,000.00