(Re) 1506-99316, 2017 ONCICB 307

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicators: James Graham and Janet MacEachen

Date: October 29, 2017

Indexed as: (Re) 1506-99316

ORDER

Introduction

1The Applicant, having been duly notified of the hearing, failed to attend. However, at the outset of the hearing, the Criminal Injuries Compensation Board (CICB) was able to contact the Applicant by telephone and she confirmed that she wished for the CICB to proceed in her absence. Pursuant to section 7 of the Statutory Powers Procedure Act, RSO 1990, c. S.22, the CICB proceeded to hear this Application based on the documentary evidence filed with it.

2The Applicant is seeking financial compensation from the CICB in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking medical expenses and pain and suffering as a result of physical assault that occurred on [date], 2013 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in conviction of the Offender of assault causing bodily harm.

DECISION

3The CICB approves the claim for pain and suffering and awards the Applicant the sum of $5,000.00 but denies the claim for medical expenses for the reasons set out below.

ISSUES

4A 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.

5The Applicant must provide reliable evidence to support her claims for expenses actually and reasonably incurred as a result of her injury pursuant to subsection 7(1)(a) of the Act.

THE HEARING

6The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.

Documentary Evidence

7The CICB received the following documents with respect to the claim:

• The Application;

• A Police Report dated [date], 2015;

• Hospital records from [Name] General Hospital; and,

• A Medical Report from the Applicant’s Family Physician.

BACKGROUND

8The Applicant states that she arrived home at about 20:30 on [date], 2013 to find that her roommate had invited two men home. The Applicant states that they had already drunk two bottles of vodka when she arrived. The Applicant was drinking as well.

9The Applicant went to have a shower and when she returned, everyone had left except the Offender who was on the balcony smoking a cigarette. He became aggressive, yelling and verbally abusing the Applicant.

10The Applicant states that the Offender hit her on the back of the head, choked her, hit her on the side of the head and on the nose. The Applicant says she blacked out and when she came to the Offender was urinating on her. He then kicked her, pulled her hair and cracked her forehead. She passed out again and when she came to the Offender had fled.

11According to Police, the Offender punched kicked and knocked the Applicant unconscious causing a massive cut to the forehead as well as other facial and bodily injuries.

12The Applicant states that she received a broken nose, a 24 stitch injury to her forehead, and now suffers back pain, migraine headaches, and is afraid to be alone, cries a lot, is saddened by the scar on her forehead, and suffers stress and an inability to concentrate.

13Unfortunately, the CICB does not have records from the [Name] Hospital where the Applicant was taken following the assault. However, it does have records of a visit to [Name] General Hospital later in [date] 2013. The Emergency Department Consultation reports that the Applicant had been assaulted on [date] and went to [Name] Hospital where she required stitches to her forehead. It reports that since the incident, the Applicant, who has a record of alcohol abuse, increased her drinking and had not eaten in about three weeks. She reported abdominal discomfort, light- headedness and general weakness. The Report indicates a deviation of the nasal septum but says it may relate to an old fracture which occurred in 2011. There is no indication in this Report of a current injury to the nose.

14The Applicant’s Family Doctor reports facial contusions requiring stitches to the forehead but makes no reference to a broken nose. The Doctor also reports that the Applicant has a history of alcohol intoxication. She reports that the Applicant has ongoing headaches.

ANALYSIS AND DECISION

15The CICB accepts Applicant’s description of the incident as confirmed by the police and that she received contusions to the head and a significant wound to her forehead requiring stitches to repair. The CICB does not accept that her nose was broken in this assault as the Family Doctor makes no mention of such an injury and the Hospital Records tend to negate such a possibility.

16The CICB accepts that the assault caused the Applicant to have headaches and backaches. She has suffered a permanent scar on her forehead which upsets her. The attack has caused stress for her, and concern for her safety. There is no indication in the medical records that the emotional problems are permanent or even long term.

17Upon considering the circumstances and the injuries sustained by the Applicant as outlined above, the CICB determines that an appropriate award for pain and suffering is $5,000.00.

18The CICB generally requires receipts or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the expense claims for medical treatment.

AWARD

19The CICB orders payment as follows:

Subsection 7(1)(d) Pain and Suffering $5,000.00

TOTAL AWARD $5,000.00

PAYMENT

20THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $5,000.00