(Re) 1612-00852, 2017 ONCICB 329

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Evelyn J. Baxter

Date: November 10, 2017

Indexed as: (Re) 1612-00852

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 a physical assault that occurred on [date], 2016 where he sustained physical/psychological injuries. The incident was reported to the Police and resulted in the Alleged Offender being found not criminally responsible.

DECISION

2The CICB denies the claim for the reasons set out below.

ISSUES

3The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence, but also that as a result of this crime of violence, he suffered an injury pursuant to section 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, a victim impact statement, Ontario Review Board Order, other documents. No medical, hospital or counselling/therapy reports were provided in this claim.

6The Applicant and the Alleged Offender were known to each other through the Applicant's work as a police officer in [City]. On [date], 2016, the Applicant was watching a hockey game at a rink before he was to play. The Alleged Offender had an exchange with the Applicant. The Alleged Offender attempted to take the Applicant's hockey stick. The Alleged Offender then punched the Applicant and said he was going to smash his head with a stick.

7The Applicant subdued the Alleged Offender until Police arrived. The Applicant did not seek medical attention, but reported sore muscles for about a week following the incident.

8The Applicant reported undiagnosed psychological injuries in his victim impact statement and in his Application to this CICB. He reported feeling stressed, having occasional sleep problems, fearfulness, hyper-vigilance and concern for his family's safety.

ANALYSIS AND DECISION

9After reviewing and considering the documentary evidence in this case, the CICB is satisfied, on a balance of probabilities, the Applicant was physically assaulted by the Alleged Offender on [date], 2016.

10The CICB accepts the Applicant's self-reported minor physical injuries, the specifics of which were not described beyond sore muscles. No medical treatment was sought, and as such, no medical or hospital records were provided to the CICB for consideration in assessing the level of injury in this case.

11Further, the CICB accepts the Applicant's evidence of the relatively minor psychological injuries (undiagnosed) that were connected to the offence in this case. However, the Applicant also reported he was under stress from other situations that occurred around the same time as the incident involving the Alleged Offender. The Applicant did not seek any counselling or other professional help for the reported psychological injuries, and no report was, therefore, available upon which the CICB could assess the extent or seriousness of the self-reported psychological injuries and whether they were caused by the incident in question.

12In order for an Applicant to be compensated for physical injuries, the Act requires evidence of "bodily harm", which term has been interpreted to mean bodily harm that is more than transient or trifling in nature. In this case sore muscles do not constitute bodily harm for the purposes of the Act.

13With respect to the psychological injuries alleged, there was not sufficient evidence before the CICB to ascertain, on a balance of probabilities, what psychological injuries were caused by the specific incident concerning the Alleged Offender and whether they rose to the level of bodily harm.

14The claim is therefore denied.