Criminal Injuries Compensation Board
Adjudicator: Kevin Cleghorn Date: December 20, 2017 Indexed as: (Re) 1706-01680
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 and future counselling expenses as a result of a physical assault that occurred on [date], 2015 where she sustained physical and emotional injuries. The incident was reported to the Police and the Offender was charged with assault with a weapon, assault causing bodily harm, and assault. The Offender was convicted on all three charges.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $9,000.00 for her pain and suffering and $2,400.00 for future counselling expenses 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.
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: Adult Probation Order dated [date], 2017; Prohibition Order dated [date], 2017; Letter Victim Witness Assistance Program dated [date], 2017; Police Records from [Name] Police Service, including General Occurrence Hard Copy; Police Questionnaire; Records from [Name] Hospital; Ambulance Call Report of [Name] Paramedic Services; Medical Report from Dr. [W] dated [date], 2016; Ambulatory Consult Report of Dr. [G] dated [date], 2016; Mental Health Results Report of Dr. [G] dated [date], 2016; Mental Health Results Report of Dr. [G] dated [date], 2016; Mental Health Results Report of Dr. [G] dated [date], 2016; Mental Health Results Report of Dr. [G] dated [date], 2016; Mental Health Results Report of Dr. [G] dated [date], 2016; Mental Health Results Report of Dr. [G] dated [date], 2016; Health Status Report of Dr. [W] dated [date], 2016; Ontario Disability Support Program Self Report Form dated [date], 2016; Medical Report of Dr. [R] dated [date], 2016; Letter from [Name] Support Services to the Crown Attorney’s Office dated [date], 2016; Victim Impact Statement dated [date], 2017; and Written Submissions of Counsel for the Applicant.
ANALYSIS AND DECISION
6For the following reasons the CICB grants the Application.
7The Applicant was living with her parents on [date], 2015. She had a conflictual relationship with her father (the Offender). There had been multiple incidents of verbal and physical abuse perpetrated by the Offender on the Applicant prior to [date], 2015.
8On the day of the incident, the Applicant was upset at the Offender for going through her belongings and invading her privacy. She found his cigarettes and broke them. The Offender, upon discovering what she had done, rushed into her room. He started throwing objects at her, including furniture, dishes and a jug. The Offender then began striking the applicant with his hands on her head and body, all the while shouting obscenities at her. The attack continued for some time. The Applicant eventually escaped and fled into the street. She was bleeding from her face and hands. Neighbours observed her state and contacted the Police and an ambulance immediately.
9The Applicant was treated at the emergency department of [Name] Hospital for lacerations to the top and right side of her face. She presented with a black eye, bruises on her face, multiple contusions to her neck, and abrasions to her right lower leg and both feet. Staples were used to close the wounds on her head. She had headaches and general pain throughout her body which lasted for several days.
10The Offender was charged with assault with a weapon, assault causing bodily harm and assault. He was convicted of assault with a weapon, assault causing bodily harm and assault on [date], 2017.
11I accept the Applicant’s version of the events as set out in her Application because all of the information provided is corroborated by the police information, her own victim impact statement and the hospital/medical records. There is no indication that the Applicant’s behavior contributed to her injuries or that she failed to co-operate with the police.
12CICB 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. I accept the Applicant’s description of the nature of her injuries. She is, according to her Physicians, suffering from post-traumatic stress disorder, has continuing fear and anxiety, ongoing depression and stress, a ketamine-use disorder and substance abuse psychosis. The extent of the injuries and cause of the injuries as outlined in the Application are consistent with the medical reports. She requires additional counseling assistance based upon the information contained in the medical reports.
13The incident and the historically problematic relationship with the Offender, appear to have impacted nearly every aspect of the Applicant’s life. She maintains that the addiction to ketamine arises from her continuing struggle to come to grips with what happened to her. She has lost relationships with the remainder of her family. She struggles to survive on a daily basis and avoids social interaction. She has continuing flashbacks about what happened.
14The CICB has considered the following factors in coming to its decision on the amount of the pain and suffering award:
The criminal actions of the Offender caused the injuries sustained;
The nature and extent of the injuries to the applicant, which includes a diagnosis of post-traumatic stress disorder (PTSD), feelings of anxiety/depression, the impact of the physical scars stemming from the staples in her head, flashbacks, difficulty sleeping, memory gaps, the loss of appetite, the loss of social interaction and the loss of her family;
The injuries have interfered with the Applicant’s daily activities to the extent that she could not advance further in school or pursue gainful employment;
The Offender was her father and this incident was the culmination of years of physical and emotional abuse;
The need for her to deal with PTSD and the emotional aftermath of this incident;
The Applicant was a young adult at the time of the incident; and
The award is made from public funds.
15Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $2,400.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the time that the applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $2,400.00 amount described above.
AWARD
16The CICB orders payment as follows:
Subsection 7(1)(a) Expenses $2,400.00
Subsection 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD (AND COSTS) $11,400.00
Less: Preauthorized treatment costs ($2,400.00)
TOTAL CURRENT AWARD: $9,000.00
PAYMENT
17THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
DATED at Toronto, Ontario this 20th day of December, 2017.
Kevin Cleghorn, Member