CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Keith Forde
Indexed as: (Re) 1605-03364
ORDER
Introduction
1The Applicant is seeking compensation from the Criminal Injuries Compensation Board (CICB) pursuant to section 5(a) of the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”).
2The Applicant is seeking compensation for pain and suffering for physical and psychological injuries perpetrated by the Offender, a friend, on [date], 2014.
3In addition, the Applicant is also claiming dental, medical, treatment and travel to treatment expenses.
4The Offender was found guilty and sentenced to 577 days, 832 days pre-sentence custody, DNA Primary, Firearm prohibition for 99 Years and section 109 for life.
5The CICB grants compensation to the Applicant in the amount of $9,000.00 for pain and suffering and $1,200.00 for future counselling, for the reasons set out below.
Issues
6In 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 conviction described above; as a result the CICB does not have to make a finding as to whether a crime of violence occurred.
The CICB shall make an assessment of the severity of injuries suffered by the Applicant as a result off the crime of violence;
The CICB must assess all relevant circumstances and whether or not compensation should be awarded and if so, the amount;
The CICB must assess whether the Applicant’s claim for dental, medical, treatment and travel to treatment expenses is reasonable within the scope of the Act.
Evidence
The Applicant’s Evidence
7The following is a summary of the facts and circumstances taken from the Applicant’s Application and from Police Service correspondences to the CICB.
8On Saturday [date], 2014 at approximately 5:45 pm, the Applicant was involved in a verbal dispute with his friend at a friend’s residence. To avoid further escalation of the dispute, the Applicant attended another friend’s residence where he sat on a chair and had a beer in the backyard. The Offender subsequently attended the same residence.
9At approximately 6:00 pm, the Applicant was approached by the Offender as he was unhappy by what had transpired at the previous location. As a result, a verbal altercation incurred which escalated to the point of the Offender physically assaulting the Applicant by kicking the Applicant in his face.
10The Police were subsequently contacted. On arrival, Police observed facial injuries on the Applicant who refused to speak to police as to how he sustained the injuries. The Applicant was then taken to Hospital by ambulance.
11On [date], 2014, the Applicant attended the police station and officially reporting the assault by furnishing the police all the information relating to what had taken place on [date], 2014. As a result, the Police commenced an investigation and the Offender was subsequently arrested and charged with assaulting the Applicant.
12The Applicant also provided the CICB various documents in support of his claim.
13The CICB was in receipt of a Hospital Report which noted that the Applicant presented to the emergency room with facial fractures, face covered in blood, nose deformity and slightly agitated.
14The Applicant was diagnosed with right orbital floor blowout fracture; nasal fractures; bilateral Le Fort 1 fractures. The Applicant underwent surgery for Bilateral LeFort I fracture ORIF, reconstruction of right orbital floor with SynPOR plate, as well as right orbital floor fracture. The Applicant was discharged from Hospital on [date], 2014.
Injuries
Physical
15The Applicant noted in his Application to the CICB that he suffered the following injuries as a result of the assault:
Lost teeth;
Top jaw was broken in half;
Nose and cheekbone were broken;
Eye was kicked into his skull;
Was unconscious as a result of the incident;
Has constant headaches, as well as pain and numbness in face;
Has sharp stabbing pain in his neck;
Has numbness in both hands and fingers;
States that the metal plate in his mouth cuts through his gums on right side of mouth;
Has trouble eating; and
Is in constant pain.
Psychological/Emotional
16The Applicant also noted the following psychological/emotional injuries:
Has extreme vivid dreams of the incident;
Has experienced memory loss;
Has anxiety attacks and trouble sleeping; and
Lives in constant fear.
Analysis
17Section 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 an aggravated assault, committed on [date], 2014.
18Having considered the evidence presented in the Applicant’s Application and the police information, the CICB is persuaded that the Applicant suffered both physical and psychological 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.
19The 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 crimes were the contributing factor to the Applicant’s ongoing physical and psychological injuries.
20In assessing compensation for pain and suffering, the CICB has considered the totality of the evidence of injury, including the Applicant’s documentary reports, the police synopsis as well as the medical reports on file. The CICB was mindful of the circumstances of this incident and emotional injuries suffered by the Applicant and considered the following aggravated facts.
21The nature of the assault, the extent of the physical injuries sustained, the required medical procedure performed, the period of hospitalization, the associated period of recovery, and the ongoing emotional impact of the assault upon the Applicant.
22Having considered all of these factors, the CICB assesses compensation for pain and suffering in the amount of $9,000.00.
23The CICB authorizes up to $1,200.00 (exclusive of any applicable taxes) for counselling sessions not covered by another benefit provider (for example the Applicant’s employer or insurance). These sessions must take place within the next three years (36 months from the date of this decision). The CICB will pay the Applicant’s qualified treatment provider directly.
24If, as a direct result of this crime, the Applicant requires additional dental treatment and the cost of that dental treatment is not covered by other sources, the CICB may, pursuant to the provisions of section 25 of the Act, consider varying this Order to include a claim for additional dental expenses. The Applicant must obtain authorization from the CICB prior to incurring any such expenses. The Applicant may contact the CICB to determine what information is required in order to obtain authorization.
25The Applicant’s claim for travel to treatment is denied because the Applicant was not required to travel more than 40 kilometres each way for his treatment.
Award
26The CICB orders payment as follows:
Section 7(1) (a) Future counselling $ 1,200.00
Section 7(1) (d) Pain and Suffering $ 9,000.00
TOTAL AWARD (AND COSTS) $10,200.00
Less: Preauthorized treatment costs $ 1, 200.00
TOTAL CURRENT AWARD $ 9,000.00
27The 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
28THE CICB ORDERS that the following sums be paid forthwith to:
The Applicant $9,000.00
DATED at Toronto this 11th day of January, 2018.
Keith Forde, Member