CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Pamela Arnott
Indexed as: (Re) 1604-03183
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, loss of income, travel to treatment expenses, and pain and suffering as a result of a physical assault that occurred on [date], 2016 where he sustained physical and 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 $4,045.00 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 his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support his claims for:
a. expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the Act;
b. income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work pursuant to subsection 7(1)(b) of the Act; and
c. any other reasonable expense that, in the opinion of the CICB, it is reasonable to incur, pursuant to subsection 7(1)(f) of the Act.
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: [Name] Police Report dated [date], 2016, [Name] Hospital Records from [date], 2016 (including emergency record, triage record, physical consultations, ambulance call report), and the Application.
7The Applicant indicates that he was driving a taxi cab when he picked up the Offender. When the Offender entered the cab, the Applicant told him that he had to pay for the taxi fare even though the Offender’s mother was part of the management of the taxi company. The Applicant and the Offender were arguing as the Applicant drove down the road. When they were close to their destination, the Offender began to hit the Applicant in the face and head with a closed fist. As the taxi cab slowed down, the Offender head- butted the Applicant in the face and jumped out of the taxi. The Applicant drove to the parking lot of a nearby restaurant and called his wife to have her call the Police.
8The Police Report indicates that the Offender regularly used the taxi service without charge as the Offender’s mother was in the management of the taxi company. The Report clarifies that the Applicant was in shock and dazed when the Police arrived at his taxi. For example, he was unable to indicate how he got to the parking lot or to recall his birthdate. The Report also indicates that the Applicant was being seen, as of 10 days after the incident, by a specialist due to concerns over the loss of his vision. The Report further adds that the Applicant was no longer able to work or to drive, as of 10 days after the incident, which resulted in an increase of the charge against the Offender to assault causing bodily harm.
9The Applicant indicates that his injuries were a significantly bruised face, a right eye swollen shut, disorientation and slurred speech, lacerations to the right side of his face, and altered vision in his right eye.
10The medical information from [Name] General Hospital indicates that the Applicant had a 1.5 cm laceration under his eye, swelling and bruises under his right eye, a 0.5 cm cut to his left eyebrow and two hemorrhages in his right eye.
11The Applicant provided an invoice for an ambulance charge of $45.00 from the [Name] General Hospital.
12The CICB was advised that the Offender was convicted of assault causing bodily harm and sentenced on [date], 2017.
13No information was provided to the CICB about the long-term prognosis of the Applicant’s vision or mental health.
14No information about income was provided to the CICB.
ANALYSIS AND DECISION
15For the following reasons the CICB grants the Application.
16We accept the Applicant’s explanation and the medical evidence of his physical injuries. We find that those injuries include cuts, swelling and bruises to his face. More importantly, the injury included injuries to his vision which stopped him from working for a period of at least 10 days, based on the evidence in the Police Report. The CICB also finds that there was a brief period of cognitive impairment when the Applicant was dazed and slurring his words.
17In assessing compensation for pain and suffering the CICB has considered that
a. the assault against the Applicant was sudden and violent;
b. the assault was forceful enough to cause short-term cognitive impairment;
c. the assault was forceful enough to cause concerns about long-term vision loss; and;
d. the injuries to the Applicant affected his ability to work for a period of 10 days.
18In light of these factors, the CICB awards $4,000.00 for pain and suffering.
19The CICB considered the Applicant’s claim in respect to ambulance costs, for which a receipt was provided. The CICB finds such costs to be both reasonable and within the context of the Act and will therefore award $45.00 for such costs.
20With 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) 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 information relating to income 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.
21Similarly, the CICB was not provided with information about the Applicant’s claim for an award for travel to therapy (outside of the ambulance costs). In the absence of this information 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 travel to therapy costs and the claim in that regard is hereby denied.
AWARD
22The CICB orders payment as follows:
Subsection 7(1)(a) Expenses (ambulance) $ 45.00
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL CURRENT AWARD $4,045.00
PAYMENT
23THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,045.00
DATED at Toronto, this 19th day of October, 2017.
Pamela Arnott, Member