CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Evelyn J. Baxter
Indexed as: (Re) 1604-03161
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 acts of criminal harassment and threats that occurred on between [date], 2015 and [date], 2016 where she has claimed to have sustained physical/psychological injuries. The incidents were reported to the Police and resulted in a conviction.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $5,000.00 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 her 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, Court documents and the Applicant’s Application.
6The Applicant and the Offender were dating for a brief period in [date] 2015. When the relationship ended, the Offender continued to communicate with, follow, stalk and threaten the Applicant.
7The Applicant reported the Offender’s behaviour to Police, and the Offender was arrested and given bail conditions, one of which was to have no contact with the Applicant. Despite the conditions, the Offender contacted the Applicant on [date], 2016, and the Offender was charged with breaching his recognizance.
8The Offender was eventually convicted of criminal harassment and uttering threats.
9The Applicant reported she felt anxious, afraid and nervous. She stated she had difficulty sleeping, a loss of energy and appetite and that she was taking unspecified medication “for life” to address these issues. No medical or therapy report was filed and no receipts for the medication were provided.
ANALYSIS AND DECISION
10Based on the CICB’s review and analysis of the documentary evidence and the Applicant’s self-reported psychological injuries in this case, the CICB is satisfied, on a balance of probabilities, the Applicant is the victim of a crime of violence within the meaning of subsection 5(a) of the Act as a result of the multiple acts of criminal harassment and threats that occurred over a period of time and were committed by the Offender.
11The CICB finds that the abuse took place, over a period of four months. The Applicant’s case was presented in such a way that there is no evidence before the CICB in the documentary evidence which establishes separate injury for each occurrence. Rather, the evidence was presented in such a way that it is impossible for the CICB to establish exactly what injuries resulted from each occurrence and certainly the evidence suggested that the significant emotional and psychological impact of the abuse was cumulative over time.
12The CICB accepts that there was more than one occurrence, but for the reasons set out herein, will make a global assessment of $5,000.00 for pain and suffering, taking into account the cumulative effect of all the occurrences on the Applicant.
AWARD
13The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $5,000.00
TOTAL AWARD $5,000.00
PAYMENT
14THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto, this 18th day of October, 2017.
____________________________________________
Evelyn J. Baxter, Member