CRIMINAL INJURIES COMPENSATION CICB
Adjudicator: Maija Laitinen
Date: October 23, 2017
Indexed as: (Re) 1610-00299
ORDER
INTRODUCTION
1The applicant is seeking financial compensation from the Criminal Injuries Compensation CICB (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 and future counselling expenses as a result of a physical assault that occurred on [date], 2015 when the Applicant was stabbed with a knife. The incident was reported to the Police, and the Offender was convicted of assault causing bodily harm, uttering threats and possession of a weapon for a dangerous purpose.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $7,000.00 as compensation for pain and suffering for the reasons set out below. The CICB also makes an award for future counselling expenses.
ISSUE
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.
HEARING
4The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file. The CICB received the following documents with respect to the claim: a completed Police questionnaire, dated [date], 2017, hospital records from [Name] Health Centre, and a Medical Report from the Applicant’s Family Physician, dated [date], 2017.
5The documentary evidence on file indicates that, at the time of the incident, the Applicant considered the Offender to be his friend. On [date], 2015 at approximately 4:00 pm, the Offender visited the Applicant’s home. The Offender was intoxicated; he was banging shelves and throwing food. The Applicant asked him to leave, and the Offender eventually left the Applicant’s home after being there for approximately 30 minutes.
6Later that same evening at around 6:00 pm, the Applicant was walking down the street with another friend. They encountered the Offender, who confronted the Applicant and asked him why he had kicked him out of his house. The Applicant told the Offender that he did not want to see him again. After a verbal exchange, the Offender took out a knife. The Applicant and his friend ran away, but the Offender was able to catch up with the Applicant. He tried to stab him in the stomach, but the knife did not break through the Applicant’s clothing. The Applicant fell to the ground, and the Offender stabbed him in his left thigh piercing his flesh. The Police were called, and the Applicant was transported to the hospital by ambulance.
7The Offender was apprehended by Police and charged with aggravated assault, assault with a weapon, uttering threats, criminal harassment and possession of a weapon for a dangerous purpose. The Offender was ultimately convicted of assault causing bodily harm, uttering threats and possession of a weapon for a dangerous purpose. On [date], 2015, the Offender was sentenced to 270 days jail and 3 years probation.
ANALYSIS AND DECISION
8The CICB is satisfied that the Applicant suffered physical and psychological injuries as a result of a crime of violence pursuant to subsection 5(a) of the Act for the following reasons.
9The Hospital Records confirm that the Applicant presented at the emergency department on [date], 2015 with a stab wound to his left hip area approximately 3-4 centimetres in length. In his Application, the Applicant states that he received eight stitches and was prescribed pain killers to cope with the pain
10The Medical Report from the Applicant’s Family Doctor states that she assessed the Applicant eight days after the incident for stitches removal. At that time, the Applicant was complaining of pain in his leg and requested additional pain medication. In her report, the Applicant’s Family Doctor notes that the Applicant was exhibiting “features of an adjustment disorder” and had been referred for supportive counselling.
11In his application, the Applicant states that he walked with a limp prior to this incident due to arthritis and back pain. His limp worsened as a result of his injuries, and he was forced to walk with a cane for approximately one month following the incident.
12The Applicant states that this crime has significantly impacted his psychological and emotional well-being. He is fearful that the Offender will return to his home and attack him. He states that he is worried all the time and does not sleep as well as he used to. He suffers from nightmares and is currently on a wait list for counselling.
13In assessing compensation for pain and suffering, the CICB was mindful of the extent of the Applicant’s injuries, including the need for urgent medical attention, as well as the profound impact this incident has had on the Applicant’s sense of personal safety and overall well-being. The CICB also considered the nature of the incident in that it was an unprovoked assault that occurred on the street near the Applicant’s home. Given all of the evidence, facts and circumstances, the CICB assesses compensation for pain and suffering in the amount of $7,000.00. While the CICB appreciates that no amount of money can ever make up for the harm the Applicant endured, we believe that the total amount of this award is reasonable given the circumstances and the intention of the CICB’s governing legislation
14Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $2,400.00 (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 $2,400.00 amount described above.
AWARD
15The CICB orders payment as follows:
Subsection 7(1)(a) Future Pre-Authorized Expense $2,400.00
Subsection 7(1)(d) Pain and Suffering $7,000.00
TOTAL AWARD $9,400.00
Less: Preauthorized treatment costs -$2,400.00
TOTAL CURRENT AWARD $7,000.00
PAYMENT
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $7,000.00
DATED in Toronto this 23rd day of October, 2017.
__________________________
Maija Laitinen, Member