CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Evelyn J. Baxter
Indexed as: (Re) 1604-03180
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 pain and suffering, loss of income and future counselling as a result of his preventing a serious crime occurring at his place of employment on [date], 2015. He sustained psychological injuries. The incident was reported to the Police and resulted in the Offender being convicted.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $4,000.00 plus $1,200.00 toward future counselling 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(c) of the Act.
4In other words, the Applicant must prove, on a balance of probabilities, that his injuries are the result of preventing or attempting to prevent the commission of an offence or suspected offence against a person other than the Applicant or his or her dependant or against such person’s property.
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, news article, Court documents, and other documents.
7The Applicant was a bartender at the Ottawa pub where the crime occurred. He helped to stop a serious crime involving a possible shooting of a pub patron by grabbing the ammunition clip from the handgun wielded by the Offender. The clip had fallen out of the gun when the Offender pistol whipped a victim. Without the clip, the Offender would not be able to shoot the intended victim. The Offender and his co-accused were arrested and ultimately convicted of the offenses committed during this incident.
8Following the incident, the Applicant took time off work and reported he had a great deal of stress, fear of retaliation by the Offender and his co-accused, and he started to drink a lot more. He lost his job at the pub. He did not seek any medical attention or counselling following the incident.
ANALYSIS AND DECISION
9After reviewing and considering the documentary evidence provided in this case, the CICB is satisfied, on a balance of probabilities, and finds the Applicant to be a victim within the meaning of subsection 5(c) of the Act as a result of the incident that occurred on [date], 2015 wherein the Applicant prevented a serious crime from occurring.
10Based on the Applicant’s request for therapy, the 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
11The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $1,200.00
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD (AND COSTS) $5,200.00
Less: Preauthorized treatment costs $1,200.00
TOTAL CURRENT AWARD $4,000.00
PAYMENT
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto, this 18th day of October, 2017.
Evelyn J. Baxter, Member