CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1606-03844
ORDER
Introduction
1In this case, the Applicant claimed he was assaulted by an acquaintance during a house party.
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
Incident
3In his June 2016 submission to the CICB, the Applicant wrote that he had an argument with the Offender a few days before the incident and it had settled down. He was at a house party when he saw the Offender drinking from a glass cup. The Applicant looked away from the Offender and then he was hit in the face with the glass cup which had been thrown at him by the Offender. The Applicant was shocked and surprised by this attack so he fled as the Offender tried to grab at his shirt.
Police Report
4The CICB received several reports from the Police in support of the Applicant’s claim. Prior to this incident, the Applicant and the Offender had been on a trip out of town and a conflict occurred. Unbeknownst to the Applicant, he was invited to this party in an attempt to resolve the dispute with the Offender. During this meeting, the Offender threw a glass at the Applicant, striking him in the face. In the opinion of the Police investigator, the Applicant did nothing to warrant such an attack that day. As a result of their investigation, police charged the Offender with assault causing bodily harm.
5On [date], 2016, the Offender was convicted of Assault and he received a conditional sentence of four months during which time he was ordered to stay home and have no contact with the Applicant.
Injuries
6The Applicant wrote that as a result of this incident, he was bleeding from his face and 911 was called for an ambulance. The Applicant had deep cuts under his left eye, two cuts on his forehead and cut on his upper lip. His eye glasses were scratched and chipped. His left eye had excessive tearing for six weeks.
7On an emotional level, the Applicant felt anxious and he was distressed, lacking a feeling of trust with friends and strangers. His sleep was disrupted, he had difficulty concentrating on work and school, he had nightmares, flashbacks and irritability. The Applicant feared for his safety as he lived in the same area as the Offender. He lost interest in hobbies and pursuits that he had before this incident. The Applicant’s interest in school was affected to the point that he failed the courses he was taking at school.
8The CICB received a [date], 2017 update from the Applicant on his condition. The Applicant saw many doctors and a counsellor and although he was uncomfortable taking their advice, he began his healing process. The Applicant wrote that he had symptoms of PTSD and he began to have trust issues which affected the social life and close relationships he had before the incident. On a daily basis, he practiced meditation to be objective and optimistic with a positive view. Recently, his condition has improved to the point where he has returned to his hobbies and interests. Occasionally, he still has nightmares and flashbacks of the incident. The scars on his face remind him of this incident. The Applicant wrote that he lost his last year of university which affected his career.
Medical Reports
9The CICB received several reports from the Hospital in support of the Applicant’s claim.
10The Applicant had five facial lacerations as a result of this incident. One of the cuts was right down to the orbital/cheek bone in the Applicant’s face. Four days after the incident, doctors removed the sutures and they advised the Applicant that he would be followed on an as-needed basis.
11In a [date], 2014 visit, the Applicant reported that his “tearing” issue was resolved, but now he was having difficulty closing his left eyelid.
12A clinical note from Dr. [Name] showed that in [date] 2014, the Applicant went for treatment of his emotional injuries as he was having difficulty sleeping. Another clinical note from [date] 2015 showed that the Applicant was struggling with symptoms of PTSD as a result of the incident.
Expenses
13As a result of this incident, the Applicant claimed that he paid $45.00 for an ambulance and he paid $528.00 for new eyeglasses. The Applicant submitted a receipt for his glasses but no receipt for his ambulance expense.
14Also, the Applicant sent a receipt for $10.00 which he paid to photocopy his medical records.
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. Considering the evidence presented, the CICB finds, on a balance of probabilities, 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 causing bodily harm.
16In assessing compensation for pain and suffering, the CICB has considered the nature of this incident and how it affected the Applicant. In this case, the Applicant was unexpectedly attacked by having a glass forcefully thrown at his face. As a result, the Applicant had several cuts on his face, including deep cuts through to his left orbital bone. He endured multiple doctor appointments and his left eye teared excessively for several weeks after the incident. On an emotional level, the Applicant feared retribution from the Offender, and he experienced anxiety, flashbacks, nightmares, PTSD symptoms, social isolation, distrust, difficulty concentrating and a low mood. In addition to his broken glasses, the Applicant wrote that he lost motivation and failed out of the last year of his university program.
17The Applicant’s claim was supported with reports from Police, the Hospital and at least three doctors. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.
18The CICB considered the Applicant’s claim in respect to photocopy of Medical Report costs, for which a receipt was provided. The CICB finds such a cost to be both reasonable and within the context of the Act and will therefore award $10.00 for such a cost.
19The CICB generally requires original receipts and/or other supporting documentation for any expenses that are claimed, both to verify the amount claimed and to confirm that such costs were not covered by other sources, such as private insurance. In the absence of such evidence, and having found no compelling reason to deviate from its usual practice in this instance, the CICB denies the Applicant’s claim for his ambulance expense.
20The CICB generally awards compensation only to cover expenses related to treatment of the injuries sustained (i.e. hospital, medication or therapy expenses) and not for expenses related to personal items/property/moving costs/financial debts. Having found no compelling reasons to deviate from its usual practice in this instance, the CICB declines to award compensation for the Applicant’s claims in respect to replacing his eyeglasses and school-related costs.
Award
21The CICB orders payment as follows:
Section 7(1)(d) Pain and Suffering $5,000.00
Section 22 Costs: Medical records $ 10.00
TOTAL AWARD (AND COSTS) $5,010.00
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 $5,010.00
DATED at Toronto this 20th day of April, 2017.
Jo-Anne Hughes, Member