CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Anne-Marie Langan
Indexed as: (Re) 1701-00092
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 reimbursement of treatment expenses and expenses incurred in travelling to treatment, as well as compensation for pain and suffering as a result of an assault that occurred on [date], 2016 where she sustained physical/psychological injuries. The incidents were reported to the Police and resulted in a conviction for assault with a weapon.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $10,018.00 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 her injuries are the result of the crime pursuant to subsection 5(a) of the Act.
4The Applicant must provide reliable evidence to support her claims for:
a. expenses actually and reasonably incurred as a result of her injury pursuant to subsection 7(1)(a) 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:
a. Police Report: The Police Incident Report describes that the Offender and the Applicant got into a heated verbal argument when the Applicant found the Offender and her ex-boyfriend in bed together. The Offender threw an object which hit the Applicant in the head. The Offender then stabbed the Applicant in the back with a knife. The Applicant was transported to [Name] Hospital as she had a laceration to her head and a punctured lung.
b. Victim Impact Statement: The Applicant describes she had to stay for 5 days in the Hospital following the incident during which time she underwent two operations. She still has scars from the incident which are a constant reminder of the assault. She is also suffering from symptoms of PTSD including nightmares, flashbacks, and depression. It took some time for her to return to work because of both her physical and emotional injuries. She tried to go back after two months but was not ready. She has only just recently found a new job. The Applicant is still fearful of the Offender and does not feel that the punishment the Offender received from the Court was sufficient in the circumstances.
c. Court Documents: The adult probation order was provided which confirms that the Offender was convicted of assault with a weapon and received a 3 year probation order in which she is prohibited from communicating with the Applicant, possess any weapons and is required to attend an anger management, substance abuse and life skills programs, as well as to perform 80 hours of community service.
d. Hospital Report: The Applicant was admitted to the Hospital and a chest tube was inserted. Imaging was done to ensure that there had been no other damage done by the knife wound, other than a small contusion on her lungs, some fluid and some gas in her chest cavity.
e. Medical Report: Dr. [Name]'s Report confirms injuries to the Applicant’s chest and head and that she had to take a month off work from [date], 2016 to [date], 2016 as a result of her injuries.
ANALYSIS AND DECISION
7The CICB accepts the Offender’s criminal conviction for assault with a weapon as conclusive evidence that a crime of violence occurred and accepts the medical and other evidence provided by the Applicant with respect to the injuries she suffered as a result of the assault as described above.
8The CICB finds the Applicant to be compensable pursuant to s.5(a) of the Act as a victim of a violent crime and awards her $10,000.00 in compensation for pain and suffering having regard to the following facts:
the crime of violence took place in a very painful and difficult emotional context in that the Offender was having intimate relations with the Applicant’s boyfriend immediately prior to the assault;
the Applicant suffered severe physical injuries due to the assault, had to be hospitalized and operated on twice, resulting in permanent scarring which is a constant reminder of the assault;
the Applicant suffered and continues to experience symptoms of PTSD including feelings of sadness and hopelessness, nightmares and flashbacks; and
the Applicant was unable to work for several months following the incident due to both her physical and emotional injuries.
9The CICB further awards $18.00 to the Applicant for her travel from [Name] Hospital to her home at a distance of 45 kilometers at a rate of 40 cents a kilometer.
10The award made pursuant to s.14 on May 16, 2017 is still in effect until November 2018. If, as a direct result of this crime, the Applicant requires additional counselling and the cost of that counselling is not covered by other sources, the CICB may, pursuant to the provisions of section 25 of the Act, consider varying this Order to include a claim for additional counselling expenses. The Applicant must obtain authorization from the CICB prior to incurring any such expense. The Applicant may contact the CICB to determine what information is required in order to obtain authorization.
AWARD
11The CICB orders payment as follows:
Subsection 7(1) (a) Expenses (Section 14 Award) $ 1,800.00
Subsection 7(1) (a) Expenses $ 18.00
Subsection 7(1) (d) Pain and Suffering $ 10,000.00
TOTAL AWARD (AND COSTS) $ 11,818.00
Less: Section 14 Award – already paid/authorized -$ 1,800.00
TOTAL CURRENT AWARD $ 10,018.00
PAYMENT
12THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $10,018.00
DATED at Toronto, this 15th day of November, 2017.
Anne-Marie Langan, Member