CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: M. Saleem Akhtar
Indexed as: (Re) 1703-00953
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) in accordance with the Compensation for Victims of Crime Act, RSO 1990, c. C.24, as amended (the “Act”). The Applicant is seeking compensation for pain and suffering for the physical and emotional injuries that he claims he sustained as a result of the alleged physical assault committed against him on [date], 2017. The Applicant is also requesting compensation for incident-related expenses and loss of income/wages.
Decision
2For the reasons set out below, the CICB approves the claim in relation to the physical assault committed against him on [date], 2017 by the Alleged Offender, as mentioned above, and awards the sum of $5,000.00 as compensation for pain and suffering.
3The CICB approves the Applicant’s expenses claim and awards $344.00, as per the details given in paragraph 39 of this Order.
4The CICB approves the Applicant’s loss of wages/income claim and awards $5,000.00, as per the details given in paragraph 38 of this Order.
Issues
5Pursuant to subsection 5 of the Act, the CICB must determine on a balance of probabilities,
Whether a crime of violence occurred against the Applicant that caused injuries; and if so;
The nature and extent of the injuries sustained;
Whether compensation should be awarded and if so, determine the amount;
Consider incident-related out-of-pocket expenses and loss of income/wages, as requested by the Applicant.
The Evidence
6In his Application before the CICB, the Applicant described the “Details of the Crime” as follows:
…I believe this physical assault on me by [Alleged Offender] was premeditated…As I was dressing to leave, I heard [Alleged Offender] coming down the stairs cursing that the water was shut off and that this was not “fucking acceptable”. He entered the door to our apartment by kicking it and came straight at me in the living room and with two punches to my chest knocked me off my feet and onto my back on the floor. I was attacked three times by [Alleged Offender]. After knocking me over the first time, he went over to the internet modems sitting on the living room desk. He was pulling the wires out of the internet box and I thought perhaps he was hoping that I wouldn’t be able to connect the outside world. I got off the floor and went to him and told him to stop what he was doing. He put me in a headlock and stuck his leg out and flipped me over his back and onto the floor. I had to defend myself from his second attack and finally managed to push his body and his head up against a wooden column, which acted as a railing around the basement stairs. I held him and I asked him repeatedly if he would stop the attack. He finally agreed to desist, and so I released him. I went into the basement to pick up the three living room chairs that were knocked down when he attacked me and put one down on the living room floor and told him to sit down. I was going to go to my phone and call the police. He became remorseful and started crying in the chair. He said “I’m messed up. I’m fucked up, help me, teach me, you’re together and I’m messed up. I’m sorry, I’m sorry.” But in the next moment, he became angry with me and said, “Did you order me to sit in the chair?” I replied “Yes I told you to sit in the chair.” He lunged at me again. This was his third attack.
When he put me in a headlock and tried to flip me by tripping me, this time I resisted and that is when I tore two major muscles in my right hamstring. He said, “I’m a trained killer” as he threw me over his back. He