(Re) 1607-04198, 2017 ONCICB 5

CRIMINAL INJURIES COMPENSATION BOARD

Adjudicator: Jo-Anne Hughes

Date: January 16, 2017

Indexed as: (Re) 1607-04198

ORDER

Introduction

1In this case, the adult female Applicant claimed she was assaulted by an acquaintance (the Offender).

2In this case, the CICB is required to determine whether a crime of violence has occurred as per section 5(a) of the Act, what injury, if any, arose from it, and the relevant circumstances affecting whether or not compensation should be awarded and if so, the amount.

Evidence

3The Applicant did not provide a description of the incidents. Instead, in her July 2016 submission to the CICB, the Applicant simply wrote “See attached [police] synopsis.”

4As a result of an incident which took place in the middle of the day on a street, Police investigated two incidents which occurred between the Applicant and Offender. On [date], 2015, these two people were in an argument when the Offender put his hands on the Applicant’s neck and “choked her to the ground”. Once there, the Offender “repeatedly kicked her in the area of her face and body”. Also, on [date], 2015, these two people were engaged in a heated verbal argument where the Applicant spat on the chest of the Offender and he responded by punching her in the face.

Police Report

5The CICB received reports from the Police Service in support of the Applicant’s claim. On [date], 2015 Police responded to a 911 call from a witness who saw the Applicant and Offender arguing on the street, including the spit and punch described above. Further investigation by Police led to three assault charges against the Offender.

6As a result of their investigation, Police charged the Offender with Assault by Choking and two counts of Assault. On [date], 2016, the Offender submitted a plea and he was found guilty of the Choking charge and the other two Assault charges were withdrawn. He was sentenced to two days of pre-sentence custody plus a year of probation. He was prohibited from possessing weapons for five years and his DNA was submitted to the national offender’s databank.

Injuries

7In her Victim Impact Statement to the Court, the Applicant wrote that she paid a lot of money to stay in hotel rooms with the Offender. As a result, she went through “a large chunk of [her] retirement savings, supporting him, and he took advantage of my kindness”.

8On a physical level, the Applicant wrote that as a result of these incidents, she had bruises, soreness and stiffness. She was in a lot of pain for a long time and she had a big black eye with a welt.

9On an emotional level, the Applicant wrote that she suffered from nightmares and flashbacks of the incidents. Also, she was afraid of the Offender and she feared that he might come after her.

Medical Report

10The Board received a Therapy Report from [Name] who saw the Applicant for nine sessions between [date] 2015 and [date] 2016.

11The Therapist wrote that in this case, the Offender moved in with the Applicant as a tenant in 2002. About a year later, the Offender began to verbally abuse the Applicant. Also, prior to the incidents which are subject of this Order, the Therapist reported there were two incidents where the Offender punched the Applicant and she required stitches to treat her injuries. The Applicant was afraid to disclose the reasons for her injuries as the Offender was present when she was getting treatment.

12The Therapist wrote that the Applicant was also verbally abused and choked by the Offender on several occasions. The Applicant tried to get away and she threatened to call police. These incidents resulted in bruises on the Applicant’s neck. Also, the Offender would often say to her “I’ll be glad when you’re dead.” As a result, the Applicant was very fearful of the Offender and she feels like she has to look over her shoulder when she is in a public place. As a result of these incidents, the Applicant suffered from bruises, cuts, a black eye, soreness, stiffness and a welt. On an emotional level, the Applicant suffered from nightmares, flashbacks, fear, feelings of isolation and worthlessness.

13As a result of these incidents, the Applicant has developed problems trusting people in relationships.

Expenses

14In her submission to the CICB, the Applicant wrote that the VQRP paid for her ten sessions of counselling. Also, the Applicant submitted no expense claims to the CICB.

Analysis and Decision

15Section 11 of the Act states that proof of conviction shall be taken as conclusive evidence that the offence has been committed. The CICB finds that the Applicant is a victim within the meaning of section 5(a) of the Act as a result of a single incident of Assault by Choking.

16With respect to the other incidents of assault which were alleged reports from the Police and the Applicant’s Therapist, the fact that there has not been a conviction is not fatal to the Applicant’s claim. Section 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 or death.

17The CICB finds the Applicant, on a balance of probabilities, to be a victim within the meaning of section 5(a) of the Act as a result of the multiple acts of physical assault that occurred over a period of time and were committed by the Offender. The CICB finds that the abuse took place occasionally over a period of twelve years between 2003 and 2015.

18The Applicant’s case was presented in such a way that there is no evidence before the CICB in the documentary evidence from the Applicant and reports from Police, Hospital and a Therapist, which establish separate injuries for each occurrence. Rather, the evidence was presented in such a way that it is impossible for the CICB to establish exactly what injuries resulted from each occurrence and the evidence suggested that the significant emotional and psychological impact of the abuse was cumulative over time.

19The CICB accepts that there was more than one occurrence, but for the reasons set out herein, will make a global assessment of $6,000.00 for pain and suffering, taking into account the cumulative effect of all the occurrences on the Applicant.

Award

20The CICB orders payment as follows:

Section 7(1)(d) Pain and Suffering $6,000.00

TOTAL AWARD $6,000.00

21The 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.

Payment

22THE CICB ORDERS that the following sums be paid forthwith to:

The Applicant $6,000.00