CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Maija Laitinen
Indexed as: (Re) 1606-03922
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 as a result of a physical assault that occurred on [date], 2015. The incident was reported to Police, and the Offender was convicted of assault causing bodily harm.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $4,000.00 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 his injuries are the result of the crime pursuant to subsection 5(a) of the Act.
ANALYSIS AND DECISION
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: Police Reports, dated [date], 2015, the Applicant’s victim impact statement, dated March 15, 2016, Hospital Records from [Name] Hospital, dated July 31, 2016, and a Dental Report, dated July 20, 2016.
5The police information on file indicates that, on [date], 2015, the Applicant was staying in shared accommodations operated by the Salvation Army. Sometime after midnight, the Applicant was using the urinal in the common bathroom when he was approached by the Offender, who was an acquaintance. The Offender accused the Applicant of getting him “kicked out” of the residence and then pushed his head against the ceramic tile wall. The Applicant hit his forehead on the wall and hit his teeth as he fell to the ground. On [date], 2017, the Offender pled guilty to assault causing bodily harm in relation to this incident.
6For the following reasons, the CICB is satisfied that the Applicant has suffered physical and psychological injuries as a result of a crime of violence.
7At page 9 of the Application, the Applicant states he suffered a cut to his forehead as a result of the assault requiring 18 stitches. He also states that he suffered a concussion that lasted two weeks. The Applicant did not file any hospital records documenting the emergency medical treatment he received following the incident. However, the Police information states that the Applicant lost consciousness following the assault.
8The Dental Report on file indicates that the Applicant fractured two teeth as a result of the assault. According to the Dental Report, the dental expenses were covered by the Applicant’s insurance.
9The Applicant filed a victim impact statement with the Court with the assistance of victim services. In this statement, dated March 15, 2016, the Applicant states that he attended at the emergency department following the assault. He received 18 stitches to his head and underwent a CT scan. He states that he suffers from almost daily headaches since the assault. He is fearful and anxious about going out into the community. This incident has exacerbated his depression, and he states that he was recently was admitted to the hospital due to a panic attack.
10The Hospital Records on file with the CICB note that the Applicant has a long history of alcohol dependence and was diagnosed with bipolar affective disorder in 2014. A psychiatric consultation report, dated July 31, 2016, states the Applicant was admitted to the hospital for approximately three days after expressing passive thoughts of suicide. The consultation report addresses medications, alcohol dependence, family stressors and social isolation, among other issues, but makes no mention of the assault in [date] 2015.
11Given all the evidence, facts and circumstances, the CICB assesses compensation for pain and suffering in the amount of $4,000.00. In assessing compensation for pain and suffering, the CICB was mindful of the 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 while the Applicant was using the bathroom. 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
AWARD
12The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $4,000.00
PAYMENT
13THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto, this 1st day of November, 2017.
Maija Laitinen, Member