(Re) 1707-02115, 2017 ONCICB 380

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Anne-Marie Langan

Date: December 20, 2017

Indexed as: (Re) 1707-02115

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, and reimbursement for expenses he incurred in treating the injuries he sustained and in travelling to and from his treatment providers as a result of an assault that occurred on [date], 2016 where he sustained physical/psychological injuries. The incidents were reported to the police and resulted in the Offender being charged with 2 counts of assault with a weapon, assault causing bodily harm, and 2 counts of failing to comply with the terms of her probation. The Offender was found guilty of assault with a weapon and was sentenced to 12 months of probation and a 3 year weapon prohibition.

DECISION

2The CICB approves the claim 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.

4The Applicant must provide reliable evidence to support his claims for expenses actually and reasonably incurred as a result of his 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

6In his Application the Applicant explains that he and the Offender were at his cousin’s house drinking and got into an argument. The Applicant left the room to go outside and avoid further conflict. The Offender followed him outside and began to physically assault him with a knife. The Applicant was stabbed below the chin and in his stomach. He was taken to the Hospital and given stitches. The Applicant describes that since the incident he has feared for his safety around women and is concerned that they are carrying concealed weapons with them.

7The Police incident report confirms the events described in the Application and that the Applicant had a cut on his chin and on his abdomen as a result of the assault. The Offender had outstanding warrants and was arrested at the scene of the incident and charged with assault as well as with breach of probation.

8The Applicant’s Addictions Counselor has written a letter in support of his Application in which she describes him as having been traumatized by the incident and confirms that he has been experiencing symptoms of PTSD including flashbacks, paranoia and social anxiety. The Counselor explains that the Applicant has difficulties in understanding and in writing and was referred for an assessment to determine whether he suffers from FASD. There is also confirmation from the Hospital where the applicant attended on the night of the incident.

ANALYSIS AND DECISION

9Given that the Offender pled guilty to the offense of assault with a weapon, the CICB accepts this as conclusive evidence that the Applicant was a victim of a violent crime.

10With respect to his injuries, based on the Hospital records and Police Report, the CICB accepts that the Applicant suffered a laceration to his chin and a stab wound to his stomach. The CICB further accepts that the applicant suffered from symptoms of Post- Traumatic Stress Disorder, as confirmed by his Addictions Counselor, including flashbacks, paranoia and social anxiety.

11Based on its review of the evidence, and having considered that the Applicant is a vulnerable person due to his cognitive limitations and that the Offender was a family member, and, as such, a person in a position of trust, the CICB awards the Applicant $8,000.00 in damages for pain and suffering.

12Although the Application form mentions claims for reimbursement of treatment expenses and travel expenses, no particulars or receipts were provided in support of these expenses and as such these claims are dismissed.

AWARD

13The CICB orders payment as follows:

Subsection 7(1)(d) Pain and Suffering $8,000.00

TOTAL AWARD (AND COSTS) $8,000.00

PAYMENT

14THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $8,000.00