CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1610-00123
ORDER
Introduction
1The Applicant asks the Criminal Injuries Compensation Board (CICB) to compensate him 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”). He is seeking compensation for pain and suffering incurred from one act of assault causing bodily harm, perpetrated by the Offender. The Applicant is also seeking reimbursement for loss of income/wages. The Offender pled guilty to assault causing bodily harm and was sentenced to one day in jail, in addition to 116 days pre-sentence custody, firearm prohibition for 10 years and $100.00 surcharge.
Decision
2The CICB awards the Applicant $3,000.00 for pain and suffering.
Issues
3In this case, with respect to section 5(a) of the Act there is no question that the Applicant was a victim of a crime of violence as proven through the convictions described above. As a result the CICB does not have to make a finding as to whether a crime of violence occurred but, the CICB must assess all relevant circumstances and whether or not compensation should be awarded and, if so, the amount, and whether the Applicant’s claim for loss of income is supported.
Evidence
4The following is a summary of the facts and circumstances of the incidents as disclosed by the Applicant and corroborated by the Police from information received by the CICB.
5The Applicant lives in a small village. The Offender also lives within the village. The Applicant and the Offender are not friends but are known to each other.
6On [date], 2015 at around midnight, the Applicant was walking home from a friend’s home through the parking lot area, when the Offender came out of the building at that location and called the applicant a witch. The Offender then ran after the Applicant and began punching him repeatedly in his face with his fists. The Applicant fell to the ground where the Offender continued to assault the Applicant by kicking him in the body and face.
7When the Offender stopped the assault, the Applicant got up and returned to his friend’s home where the Police were notified.
8The Applicant reported the assault to the Police; however, he refused to seek medical attention.
9The Offender was subsequently arrested and charged with assault causing bodily harm to the Applicant.
10The CICB was in receipt of a signed letter from the Applicant’s brother dated February 13, 2017. The letter noted that the author was called on the morning of [date], 2015 by the Applicant to come over to his residence. The author attended the Applicant’s home immediately and made the following observations:
The Applicant was found to be in a fragile emotional state;
The Applicant had difficulty concentrating;
The Applicant had difficulty thinking clearly;
The Applicant had characteristics of PTSD symptoms; and
Cuts and bruises over his entire face.
11The [Name] Police report noted that when the Police visited the Applicant’s residence upon his request to report the assault, the following injuries were observed on the Applicant:
Bleeding face;
Cuts to the face; and
A great deal of swelling and bruising to the Applicant’s eyes and orbital bones.
Injuries
Physical
12The Applicant noted in his Application to the CICB that as a result of the assault, he suffered bleeding from nose and temple and injury to his eyes.
13The CICB is in receipt of coloured photos of the Applicant showing his injuries.
Analysis
14Section 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 was subjected to a crime of violence as defined by section 5(a) of the Act, as a result of an act of assault causing bodily harm committed on [date], 2015.
15Having considered the evidence presented in the Applicant’s Application and the Police information, the CICB is persuaded that the Applicant suffered physical and psychological/emotional injuries as a result of a crime of violence. The CICB finds the Applicant to be a victim within the meaning of section 5(a) of the Act.
16The CICB accepts that the Applicant suffered physical and psychological injuries and the related symptoms that are described by the Applicant in the documentary information submitted to the CICB. The CICB also accept that the Offender’s crime was the contributing factor to the Applicant’s physical and psychological injuries.
17In assessing compensation for pain and suffering, the CICB has given consideration to all the documentary evidence that was submitted and considered the following facts:
That the Applicant was assaulted without provocation; and
That the Applicant received both physical and psychological injuries.
18Despite no medical or therapy reports that corroborate the Applicant's description of his physical or emotional injuries. The CICB accepts that the Applicant has been physically and psychologically injured as a result of the assault. Having considered these factors, the CICB awards $3,000.00 for pain and suffering.
19With respect to the Applicant’s claim for income loss, the CICB notes that it generally requires supporting documentation (i.e. employer’s report, pay stubs or Income Tax records and medical confirmation of disability) in order to verify an applicant’s employment status and average net earnings at the time of the incident, and to determine whether any income-replacements benefits were received during the period being claimed, and to confirm the period of disability. In the absence of any medical information to confirm the Applicant’s period of disability, and having found no compelling reasons to deviate from its usual practice in this instance, the CICB finds that the Applicant has failed to establish his claim for income loss and the claim in that regard is hereby denied.
Award
20The CICB orders payment as follows:
Section 7(1) (d) Pain and Suffering $3,000.00
TOTAL AWARD (AND COSTS) $3,000.00
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 $3,000.00
DATED at Toronto this 5th day of April, 2017
Keith Forde, Member