CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kevin Cleghorn
Indexed as: (Re) 1701-00141
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 dental expenses as a result of a physical assault that occurred on [date], 2016 where he sustained physical injuries. The incident was reported to the police and resulted in charges against [the Offender] of attempted murder, aggravated assault, assault with a weapon and use of an imitation firearm. The Offender was convicted of aggravated assault.
DECISION
2The CICB approves the claim and awards the Applicant the sum of $9,000.00 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.
4If the Applicant has met the above threshold, in deciding whether or not to exercise our discretion to award compensation and the amount thereof, we must consider:
a. all the relevant circumstances, including whether the Applicant’s behaviour may have directly or indirectly contributed to the injuries pursuant to subsection 17(1) of the Act.
b. whether the Applicant has refused reasonable cooperation with, or failed to report promptly the offence to a law enforcement agency pursuant to subsection 17(2) of the Act.
c. any benefit, compensation or indemnity paid or payable to the Applicant from any source other than social assistance pursuant to subsection 17(3) 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: Information of Police Constable [Name]; Application File Summary (Personal Injury); Police Questionnaire of [Name] Police Service; Security Screening Check of the Ontario Provincial Police; Emergency Report from [Name] Hospital; Medical Records from [Name] Hospital; Ambulatory Consult of Dr. M. dated [date], 2016; Discharge Summary from [Name] Hospital dated [date], 2016; Ambulance Call Report of [Name] Paramedic Services; Operative Summary from [Name] Hospital dated [date], 2016; Report of Drs. WWo and WWe dated [date], 2016; Report of Dr.Z dated [date], 2016; Report of Dr. WWe dated [date], 2016; Report of Dr. S dated [date], 2016; Report of Dr. S dated [date], 2016; [Name] Hospital Inpatient Record dated [date], 2016; Operative Report of Dr. M. dated [date], 2016; Pre-Operative Checklist of [Name] Hospital dated [date], 2016; and [Name] Confirmation of Account Number Encoding.
ANALYSIS AND DECISION
7For the following reasons the CICB grants the Application.
8The Applicant was staying at a [Name] shelter. Without warning or provocation, he was struck repeatedly on his face by a toy firearm wielded by the Alleged Offender.
9The Applicant was in considerable pain on his face. He received emergency treatment at [Name] Hospital. He had multiple facial fractures, including on his mid-face and to his nose. He had a laceration to the top of his head and on his face. His right eye was swollen shut and he had a swollen upper lip. The Applicant required stitches to his lip, nose and head. He had surgery to repair the fractures to his facial area. He had damage done to his teeth in the attack, including loss of an upper front tooth. The Applicant states he requires future dental work.
10The Applicant provided no additional information about the impact of the incident. It is unknown how long he was in pain or had discomfort and what, if any, impact this had on his daily activities. There was no dental report provided to confirm that he does require future dental work, nor any indication of the cost of same.
11I accept the Applicant’s version of the events as set out in his Application because all of the pertinent information provided is corroborated by the police information and the hospital records. The [Name] Police Service confirmed that this was a random, unprovoked assault on the Applicant. There is no indication that the Applicant was not co-operative with the police in the course of the investigation into this matter.
12The Alleged Offender was charged with attempted murder, aggravated assault, assault with a weapon and use of an imitation firearm. The Alleged Offender was convicted of aggravated assault on [date], 2017.
13The CICB finds the Applicant to be a victim within the meaning of subsection 5(a) of the Act as a result of the actions of the Alleged Offender. I 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 hospital records and medical reports
14Although the Applicant claimed future dental expenses, there is no documentation in the file to substantiate or quantify any future dental expenses. As such, no award for future dental expenses can be made in this instance.
15The 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 Alleged Offender caused the injuries sustained;
The nature and extent of the injuries to the Applicant, which includes significant pain and discomfort arising from his fractured face and damaged teeth. He likely had discomfort and pain for several weeks and restrictions on his regular activities, including some difficulties eating;
Future therapy/procedures may be necessary to deal with the over-all impact of the event; and
The award is made from public funds.
AWARD
16The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD (AND COSTS) $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 28th day of December,2017.
Kevin Cleghorn, Member