CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Jo-Anne Hughes
Indexed as: (Re) 1609-04867
ORDER
Introduction
1In this case, the Applicant submitted a claim that she was assaulted by her stepson (the Offender).
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 her February 2016 submission to the CICB, the Applicant wrote that her husband and stepson (the Offender) had an argument. When the Offender started hitting her husband, the Applicant called 911 and they advised the Applicant to get her husband and leave the scene. The Applicant was trying to get her husband to leave via the rear entrance and the Offender pushed her down the stairs so he could continue beating her husband.
Police Report
4The CICB received a report from Police Service in support of the Applicant’s claim. Police reported that the Offender, the Applicant and her husband were drinking and an argument ensued about the Offender mixing alcohol with his medications. The Offender assaulted the Applicant’s husband, punching him several times in the face and kicking him in the groin and torso. He also assaulted the Applicant, who tried to intervene. Police noted the Applicant’s injuries were consistent with their description of this incident and being pushed down the stairs by the Offender. Police also noted that “the consumption of alcohol by all parties was the main contributing factor in this incident.”
5As a result of their investigation relative to the Applicant, Police charged the Offender with assault. He was convicted of aggravated assault against the Applicant’s husband and he was sentenced to 413 days of pre-sentence custody, one day in jail plus two years of probation.
Injuries
6As a result of being pushed down the stairs, the Applicant twisted her knee and wrist and she hit her head on the way down. She had a “goose egg” on her head for six weeks and she suffered from headaches. She felt depressed and afraid that the Offender may come back to attack again. The Applicant has night terrors where she has nightmares crying, yelling and punching in her sleep. The Applicant also wrote that her knee and wrist are still giving her trouble months after the incident.
7The CICB received a February 2017 update from the Applicant which reported that she has been having a difficult time with memories of this violent incident, ongoing pain with her injuries, fear of the Offender and her daily nightmares which have all contributed to her feeling that she has been changed by this incident. The Applicant would like to see a counsellor but she cannot afford it.
Medical Reports
8The CICB received several reports from the Hospital in support of the Applicant’s claim. The Applicant was pushed down stairs and she denied hitting her head. Her left knee was hurting but it had no obvious trauma. She had multiple contusions.
Analysis and Decision
9The fact that there has not been a conviction is not fatal to the 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 or death.
10Considering the evidence presented, the CICB finds the Applicant, on a balance of probabilities, to be a victim of a crime of assault, and therefore, a victim within the meaning of section 5(a) of the Act.
11In 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 attacked and pushed down the stairs by her stepson who was beating her husband. As a result, the Applicant suffered from a twisted knee and headaches. On an emotional level, she suffers from nightmares and on-going fears of the Offender.
12The Applicant’s claim was supported with reports from police and the [Name] Hospital. Considering this evidence and the submissions by the Applicant, the CICB assesses this award at $5,000.00.
13Based on the Applicant’s stated intention to enter into therapy in the near future, the CICB authorizes up to $1,200.00 (exclusive of any applicable taxes) for counselling expenses to be paid directly to a qualified treatment provider upon receipt of a Curriculum Vitae outlining the credentials of the service provider (unless the CICB already has a copy on file). These sessions can only be accessed when the therapy sessions are not covered by other sources, such as the Applicant’s place of employment or insurance benefits. Therapy sessions must be completed within 36 months of receipt of this Order. It is the CICB’s practice to award up to $100.00 per session for therapy, or up to $125.00 per session for registered psychologists. Payment may be made directly to the treatment provider on a monthly basis, upon submission of an invoice and the required verification from the Applicant. The CICB may also consider therapy expenses that were incurred between the date that the Applicant submitted her final set of documents to the CICB and the receipt of this Order. If there are such expenses, the CICB will deduct these from the pre-authorized $1,200.00 amount described above.
Award
14The CICB orders payment as follows:
Section 7(1)(a) Future Pre-Authorized Expense $ 1,200.00
Section 7(1)(d) Pain and Suffering $ 5,000.00
TOTAL AWARD (AND COSTS) $ 6,200.00
Less: Preauthorized treatment costs $ 1,200.00
TOTAL CURRENT AWARD $ 5,000.00
15The 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
16THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $5,000.00
DATED at Toronto this 20th day of April, 2017.
Jo-Anne Hughes, Member