CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1610-00295
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, pain and suffering as a result of physical assault, which occurred on [date] 2016 where she sustained physical and psychological injuries. The incidents were reported to the Police and resulted in charges of aggravated assault and was convicted on lesser charges of Assault.
Decision
2The CICB approves the claim for pain and suffering and awards the Applicant the sum of $4,000.00 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.
Evidence
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: Police Report dated [date], an incomplete Hospital records dated [date].
6On [date] 2016 the Offender and his girlfriend were involved in a verbal altercation in the presence of the Applicant, his mother. When the verbal altercation was about to escalate to physical violence, the Applicant attempted to intervene. When the Offender grabbed the Applicant by the neck portion of her shirt and choked her, the Applicant had difficulty breathing. She then pleaded with the Offender to let her go. Once released, the Applicant fled and contacted the police. The Offender was arrested for aggravated assault. The Applicantwas seen by EMS and released.
7On [date], 2015 the Offender was found guilty on charges of assaulting a Police Officer and was given a 12 month probation ending on [date]. On [date] 2016, he was placed on another 12 months’ probation ending on [date]. By assaulting the Applicant during the probationary period the Offender was charged with Breach.
Analysis and Decision
8For the following reasons the CICB grants the Application for a pain and suffering award.
9The CICB has carefully considered the Police Report and the written testimony of the Applicant in which she details the incident and the physical and psychological impact on her.
10The Applicant in her narrative states that her throat was sore for a week and was unable to move her neck around. Her back and shoulders were sore and she experienced pain in her legs. Her leg continues to bother her and took Tylenol for relief from pain. She feels very upset because it was her son who assaulted her and states that she is very concerned for his welfare. The Report from the hospital was not completed.
11Based upon the evidence provided and the Offender’s conviction in respect to the incident, the CICB is persuaded that the Applicant was a victim of assault which caused her to suffer physical injuries which required treatment by the EMS. As a result, the CICB concludes that the Applicant is a victim within the meaning of s.5(a) of the Act in connection with the assault at her home.
12In assessing pain and suffering the CICB has considered the nature of the assault, the fact that the perpetrator was her son, and the physical injuries she had sustained from the assault.
13The CICB did not have any medical or therapy reports at its disposal and therefore was limited insofar as assessing the severity of the injuries directly related to the incidents. Notwithstanding the CICB is willing to accept that the incidents caused the Applicant some physical discomfort at the time they occurred and also accepts that the incidents had some emotional impact upon her. In light of the foregoing, and having considered the relevant factors in this case, the CICB will order compensation in the amount of $4,000.00 for pain and suffering.
Award
14The CICB orders payment as follows:
Subsection 7(1)(d) Pain and Suffering $4,000.00
TOTAL AWARD $4,000.00
Payment
15THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $4,000.00
DATED at Toronto this 30th day of March, 2017
Veda Rangan, Member