CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Evelyn J. Baxter
Date: November 23, 2017
Indexed as: (Re) 1602-02451
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 where he claimed he sustained physical injuries. The incident was reported to the police and resulted in an investigation but no one has been charged with an offence to date.
DECISION
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $9,000.00 for the reasons set out below.
ISSUES
3The fact that there has not been a conviction is not a bar to the Applicant’s claim. Subsection 16 (1) of the Act provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The 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 his injuries resulted from 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.
Documentary Evidence
5The CICB received the following documents with respect to the claim: Police Report, Hospital Records from [Name] Civic Hospital, Medical Report from the Applicant’s Family Physician, and other documents.
6According to the Application, Police and Hospital Reports, on [date], 2015, the Applicant was working at a [City] Hasty Market. He went out to his car to either retrieve or place his bag in the trunk. He observed two males lurking near his car. The males approached the Applicant and he was struck in the face with an unidentified object. The Applicant said it was a machete.
7The Applicant was struck several times in the face with the object. The males tried to steal the Applicant’s car, but did not. The Applicant managed to run back to the store and called for help. He was taken by ambulance to hospital where he was found to have a deep laceration above one eye, a cut lip and several facial fractures. The cut on his forehead was stitched. No surgery was required. He spent one night in hospital and recuperated at home.
8No information was provided by the Applicant about loss of income, or expenses, if any.
9The Police conducted an investigation, but according to the Police Report, the matter has been closed as “unsolved”.
ANALYSIS AND DECISION
10The CICB is satisfied, on a balance of probabilities, the Applicant is a victim within the meaning of subsection 5(a) of the Act. The documentary evidence provided in support of the claim was credible and reliable. The information provided was consistent and clearly demonstrated the police and medical professionals who assisted the Applicant had no reason to doubt the Applicant’s version of events. In particular, the CICB was swayed by the Police Report description of the video surveillance of the incident and information they obtained from a witness.
11Further, the CICB also finds the Applicant suffered the above-noted serious physical injuries as a result of the crime of violence, namely an assault with a weapon, given the Hospital Report and Police Report confirmed the incident occurred on [date], 2015, and the injuries were observed and treated immediately after the assault occurred.
AWARD
12The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD $9,000.00
PAYMENT
13THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
14The CICB recognizes that no amount of money can adequately compensate victims for the injustice they have suffered but also finds the amount of the award to be reasonable within the context of the Act.
DATED in Toronto this 23rd day of November, 2017
______________________
Evelyn J. Baxter, Member