CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: John Radmore
Indexed as: (Re) 1604-03062
ORDER
Introduction
1The Applicant brings this Application to the CICB in relation to injuries that she suffered as a result of an assault committed against her by a stranger (the Offender) on [date], 2014. She has made claim for her pain and suffering, medical expenses and loss of income.
2In written submissions to the CICB the Applicant related that on the incident date she observed the Offender operating an excessively loud motor vehicle in an erratic/dangerous manner in her neighbourhood. She walked over to the Offender’s residence to speak to him about his behaviour. The Offender was belligerent and verbally abusive in ordering the Applicant to leave his property. As she turned the Offender pushed her to the ground causing injuries. Neighbours came to the Applicant’s aid and she was transported to the hospital for treatment of her injuries.
3Police reports indicate that their investigation led to the Offender being charged with Assault. After learning of the extent of the Applicant’s injuries the charge was upgraded to assault causing bodily harm contrary to section 267(b) of the Criminal Code of Canada. He was convicted of the offence and sentenced to a fine and probation.
Evidence
Injuries
4In a self-report of injuries the Applicant advised that immediately after she fell to the ground she experienced pain in her hips. She was transported to Hospital where her left hip and left elbow were x-rayed. She was discharged but had difficulty walking and required crutches to ambulate at home. Her Family Physician referred her for a CT scan of her hip as well as bone density scans. The scans determined that she had suffered a left superior and inferior pubic rami fractures and a left hemisacrum pelvic fracture. She experienced significant pain and required the use of a cane for several weeks. The fractures caused pain in her reproductive region including her vaginal wall. The pain prevented her from engaging in sexual activity with her husband. The Applicant also experienced pain in her left extremities and tailbone that reduced her mobility and limited the time she was able to sit. The incident and her circumstances caused anxiety, sleep disturbances, depressed mood and fear of the Offender. Her physical injuries prevented her from working for several months and she was unable to participate in previously enjoyed family and leisure activities or perform household tasks.
5Hospital reports reveal that on the incident date the Applicant was transported to the emergency ward by ambulance. She presented with complaints of left groin and left shoulder/elbow pain. X-rays of her left elbow and her pelvic region did not reveal any fractures. The Applicant was discharged on the same date with instructions to follow up with her Family Physician.
6The General Hospital reports indicate that a CT scan performed on [date], 2014 revealed healing fractures involving the left superior and inferior pubic rami and sclerotic change in the left hemisacrum.
7Physiotherapy reports reveal that in August/September 2016 the Applicant was assessed and treated for chronic left adductor irritation secondary to pelvic fractures and chronic coccydynia.
8The Applicant’s Family Physician has provided the CICB with clinical notes for treatment provided to the Applicant between [date] 2011 and [date] 2016. Having reviewed the documents, the CICB adjudicator has been unable to decipher the handwriting to a degree that the information could be relied upon.
Expense Claims
Ambulance expenses: $45.00
Physiotherapy expenses: $195.00
Loss of Income: The Applicant has made claim for loss of income in the amount of $16,515.50 during the 2014 year (year of incident). The Applicant’s Counsel has advised that the claimed amount is based on Canada Revenue Agency documentation from 2011 to 2015.
Issues
9The CICB must determine the following:
Whether the Applicant suffered injuries as a result of crimes of violence within the meaning of section 5(a) of the Act.
If so, an appropriate level of compensation, if any, for the Applicant’s pain and suffering. Whether the Applicant should be compensated for the claimed expenses/loss of income.
Analysis and Decision
10Having considered the evidence presented the CICB finds that the Applicant suffered injuries as a result of an assault that the Offender committed against her on [date], 2014. Accordingly, the CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
11The Applicant was the victim of an unprovoked and senseless attack that has resulted in pelvic fractures and chronic coccyx issues that have and continue to have a significant negative impact on everyday activities and her enjoyment of life. The incident and the impact of her health issues stemming from the assault have resulted in emotional and psychological injuries that she has described in her self-report of injuries. Having considered the nature of the incident, the physical injuries sustained and the psychological impact of the incident the CICB awards $9,000.00 for pain and suffering.
12The CICB also awards $45.00 for ambulance costs and $195.00 for physiotherapy expenses.
13The CICB carefully considered the Applicant’s claim for loss of income. Having done so, the CICB notes that the Applicant’s counsel has calculated the Applicant's income based on reported income of all kinds (including rental income and revenue from dividends) as opposed to employment income. The submitted Canada Revenue Agency reports provide the following employment income information:
2011: $8,512.00
2012: Nil
2013: Nil
2014: $22,000.00
2015: $58,125.00
14Having considered the Applicant’s employment income during these years, the CICB is unable to find a pattern that could be relied upon in establishing or calculating employment income loss related to a disability period stemming from injuries sustained in this incident. Accordingly, the Applicant’s claim for loss of income is denied.
15In the event that the Applicant is successful in a civil proceeding against the Offender or any other party for the crimes committed against her, the CICB alerts the Applicant to the provisions of section 26(5.1) of the Act that read as follows:
The Board is entitled to be reimbursed, out of any amount recovered by the applicant from the offender or any other party, for the amount of compensation awarded to the applicant.
Award
16The CICB orders payment as follows:
Section 7(1)(a) Expenses $240.00
Section 7(1)(d) Pain and Suffering $9,000.00
TOTAL AWARD $9,240.00
17The 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
18THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,240.00
DATED at Toronto this 20^th^ day of January, 2017.
John Radmore, Member