CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1509-00624
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate her for injuries resulting from a crime of violence which occurred on [date], 2015 in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). She is seeking compensation for pain and suffering incurred from one act of assault, perpetrated by the Alleged Offender. The Applicant is also seeking reimbursement for travelling to treatment expenses. The Alleged Offender was charged with assault on the Applicant however the charges were withdrawn in Court.
Decision
2The CICB awards the Applicant $3,000.00 for pain and suffering.
Issues
The Applicant is required to prove, on a balance of probabilities, not only that she was a victim of a crime of violence, but also that as a result of this crime of violence, she suffered an injury pursuant to section 5(a) of the Act.
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and, if so, the amount.
The CICB must determine whether the claim for travel to treatment is supported.
Evidence
3The following is a summary of the facts and circumstances of the assault incident, as disclosed by the applicant and corroborated by the police from information received by the CICB.
4The bus drove north and picked up passengers, one of those being the Alleged Offender. The Alleged Offender paid his fare to the bus driver and proceeded to the rear of the bus and sat down.
5The Applicant was also a passenger on the same bus. A short time after getting on the bus, the Alleged Offender reposition himself to a seat at the front of the bus. The Alleged Offender asked the bus driver where the bus was going, to which the bus driver replied, "The bus is going to [place]." The Alleged Offender became agitated and began to argue with the bus driver. The bus driver told the Alleged Offender that his behaviour was unacceptable and he would be removed from the bus if it continued.
6When the bus arrived at [place], the Alleged Offender once again enquired where the bus was headed. The bus driver asked the Alleged Offender where he needed to go, to which he replied [place]. The bus route passes this area in question and the bus driver proceeded eastbound on [name] Road. As the Alleged Offender approached the [place] stop, the Applicant rang the bus bell to exit the bus. The bus driver slowed the bus and observed from the mirror that the Alleged Offender was upset. At this time, and without provocation, the Alleged Offender approached the bus driver in the driver’s seat and placed his hand in the bus driver’s face with the bus in motion. The Alleged Offender then dragged the bus driver out of his seat and knocked him to the floor. The Alleged Offender then began to kick and punch the bus driver approximately 8 to 10 times. The driver’s seat was unoccupied and the bus began to swerve toward a hydro pole.
7At this point, the Alleged Offender was screaming at the bus driver and approached the Applicant, punching her in the left side of her face, causing her glasses to fall off her face. The Alleged Offender then grabbed onto the Applicant’s left wrist. In the meantime, the bus driver was able to gain control of the bus and brought it safely to a stop. The Alleged Offender immediately ran off the bus and into the area of [place]. Police were contacted and soon arrived on the scene.
8On [date], 2015 the Alleged Offender was arrested and charged with assaulting the bus driver and the Applicant.
9The Applicant also provided the CICB various documents in support of her claim: many Medical Reports, which noted that the Applicant presented with tender base of left thumb, pain along the left forearm, complaint of dizziness and headaches.
10The CICB was also in receipt of a Medical Report from the Applicant’s Family Physician, [name] who noted that the Applicant presented at his office with complaint of pain to her right jaw, bruises, left hand swollen and headaches.
11The CICB was in receipt of correspondence from Victim/Witness Assistance Program which noted the following:
The accused in this case had a charge of assault towards [Applicant] which was withdrawn after a preliminary hearing and he pled guilty to assault cause bodily harm of another person in the same incident. The Crown is seeking a Dangerous Offender status of this accused and the next hearing date is in [date] 2017.
Injuries
Physical
12The Applicant noted in her Application to the CICB, that as a result of the assault, she received swelling to the right side of her face, bruising to left arm and headaches.
Psychological/Emotional
13The Applicant now suffers from anxiety and hesitation boarding public buses.
Analysis
14The fact that there has not been a conviction does not mean a denial of this 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. The CICB must determine whether the Applicant was the victim of a crime of violence when the Alleged Offender assaulted her on the bus.
15In this matter, the Applicant alleges that she was physically assaulted by the Alleged Offender while she was a passenger on the public bus. The CICB finds this to be the case on a balance of probabilities.
16The police investigation showed that both the Applicant and the bus driver were physically assaulted and, further, that the bus driver received a broken nose and a broken left hand while the Applicant received a bruised face and a sore left wrist. The police investigation also showed that there were independent witnesses to the assaults who corroborated the Applicant’s evidence. The Alleged Offender pled guilty to assault causing bodily harm on the bus driver and the assault charges against the Applicant was withdrawn. The facts in this case, as they pertain to the Applicant, were all read in court before the Alleged Offender was sentenced.
17For the reasons detailed above, the CICB is persuaded that the Applicant was a victim of a crime of violence, specifically, the crime of assault which caused physical and emotional/psychological injuries to the Applicant. The CICB therefore concludes that the Applicant is a victim under section 5(a) of the Act and is entitled to compensation.
18In assessing compensation for pain and suffering, the CICB has considered all the documentary evidence that was presented. The CICB was mindful of the circumstances of this incident and the physical and emotional injuries suffered by the Applicant and considered the following aggravating facts:
19That the assault was committed on a public transit bus, that there was no provocation on the Applicant’s part, that the Applicant required medical intervention and the emotional impact on the Applicant’s day to day functioning. For the above reasons, the CICB awards the Applicant $3,000.00 for pain and suffering.
20It is the CICB’s practice to only consider travel to treatment costs when an applicant is required to travel more than 40 kilometres each way (80 kilometres round trip) outside of her city of residence for treatment. The CICB finds no compelling reason to deviate from that practice under the circumstances. Since the Applicant was not required to travel more than 40 kilometres each way for her treatment/counselling sessions, these expenses are denied.
Award
21The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $3,000.00
TOTAL AWARD (AND COSTS) $3,000.00
22The 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
23THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $3,000.00
DATED at Toronto this 5th day of April, 2017
Keith Forde, Member