CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kevin Cleghorn
Indexed as: (Re) 1612-00630
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 a pain and suffering award as a result of a physical assault that occurred on [date], 2016 where he claims to have sustained physical injuries. The incident was reported to the Police and resulted in an assault charge against the Offender. The Offender was convicted of assault on [date], 2017.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $4,000.00 for his pain and suffering 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.
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: [Name] Police Disposition Report and [Name] Police General Occurrence Report.
ANALYSIS AND DECISION
6For the following reasons the CICB grants the Application.
7The Applicant was praying at his mosque on [date], 2016. The Offender entered the mosque at approximately 12:15 p.m. The Offender was unfamiliar to the Applicant.
8The Applicant requested that the Offender remove his shoes. The Offender replied “Who are you to tell me?” The Offender then forcefully struck the Applicant with his fist on the left side of the jaw and fled the scene. The Applicant fell to the floor and claims to have lost consciousness. The Applicant remained on the floor for approximately a minute. He was dizzy for a period of time. The Applicant did not require medical attention and was treated with basic first aid by the Police. He sustained an injury to the jaw and had a cut on his left hand. He expresses that he has a lack of trust around strangers.
9The Offender was familiar to the Police as an individual with mental health challenges. I accept the Applicant’s version of the events as set out in his Application because his allegations with respect to the assault are corroborated by the Police information.
10I accept the Applicant’s description of the nature of his injuries. The extent of the injuries and cause of the injuries as outlined in the Application are consistent with the police information. As a result, the CICB finds the Applicant to be a victim within the meaning of subsection 5(a) of the Act as a result of the act of physical assault perpetrated by the Offender.
11The CICB has considered the following factors in coming to its decision on the amount of the pain and suffering award:
The criminal action of the Offender caused the injuries sustained;
The nature and extent of the injuries to the Applicant, which includes pain to his jaw area, a cut on his left hand and a general lack of trust in strangers;
The injuries interfered with the Applicant’s daily activities for a short period of time; and
The award is made from public funds.
AWARD
12The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD (AND COSTS) $4,000.00
PAYMENT
13THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto, Ontario this 18th day of December, 2017
Kevin Cleghorn, Member