CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Evelyn J. Baxter
Indexed as: (Re) 1309-93774
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 compensation as a result of a physical assault that occurred on [date], 2013 where he sustained physical/psychological injuries. The incident was reported to the Police and resulted in the charges involving the Applicant being withdrawn as part of a plea package involving a more serious charge with respect to another victim.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $4,500.00 for pain and suffering for the reasons set out below.
ISSUES
3The fact that there has not been a conviction is not a bar to the Applicant’s claim. Subsection 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. The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence but also that his injuries resulted from 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 Reports, Court documents, media reports, and other documents.
6According to the Police Report on file, on [date], 2013 the Applicant and the Alleged Offender, who were common law spouses, became involved in an argument about money that culminated in the Alleged Offender assaulting the Applicant with a long serrated bread knife. The Applicant sustained minor injuries to his arm and back. No medical attention was sought or required.
7The Alleged Offender was addicted to drugs and alcohol and had been consuming substances that day. After the altercation with the Applicant, the Alleged Offender went to their neighbour’s apartment across the hall and stabbed the elderly female resident there 149 times because she would not give the Alleged Offender money. The elderly woman died of her injuries and the Alleged Offender was charged with manslaughter.
8The Alleged Offender was also charged with assault with a weapon for the incident involving the Applicant. It was the Applicant who called Police after the Alleged Offender told him she had killed the neighbour.
9As noted in the sentencing order [dated], 2016, the Alleged Offender pleaded guilty to the manslaughter charge. In exchange for the plea, the charge of assault with a weapon involving the Applicant was withdrawn. The parties agreed to the facts as noted by the Court and were read into the sentencing proceeding. The facts related to the knife assault by the Alleged Offender on the Applicant were acknowledged by the Court despite the withdrawal of the charge.
10The Applicant did not provide any medical or therapy/counselling records or receipts for any expenses he may have incurred as a direct result of the crime in question.
ANALYSIS AND DECISION
11Based on the CICB’s review of the documentary evidence in this matter, it is satisfied, on a balance of probabilities, the Applicant is a victim within the meaning of subsection 5(a) of the Act. The CICB considered the court documents provided, in particular the Sentencing Order of Justice [Name] was given significant weight, because the Court made certain findings of fact in relation to the incident between the Applicant and Alleged Offender that essentially corroborated and substantiated the Applicant’s claim before the CICB.
12Because the Applicant did not provide any medical or hospital records to prove his physical or psychological injuries, the CICB will rely on, and accept the self-reported injuries found in the Applicant’s Application to the CICB wherein he said he suffered a “gash” to his arm and a stab wound to his back. He also reported feeling depressed, anxious and unable to sleep. He said he was socially isolated and afraid of the deceased’s family coming after him. He noted he needed counselling to help him with these issues.
13The CICB awards $4,500.00 for pain and suffering.
14The CICB authorizes up to $1,200.00 (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 $1,200.00 amount described above.
AWARD
15The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
Subsection 7(1)(d) Pain and Suffering $4,500.00
TOTAL AWARD (AND COSTS) $6,700.00
Less: Preauthorized treatment costs $1,200.00
TOTAL CURRENT AWARD $4,500.00
16The 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
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,500.00
DATED at Toronto, this 18th day of October, 2017.
Evelyn J. Baxter, Member