CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Kirsten Kurzuk, Janet MacEachen Date: April 24, 2018 Indexed as: (Re) 1302-91442
ORDER
Introduction
1The Applicant is seeking financial compensation from the Criminal Injuries Compensation Board (CICB) for injuries resulting from an alleged crime of violence which occurred on [date], 2012, in accordance with 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, loss of income and medical expenses as a result of an alleged assault perpetrated by two Alleged Offenders [initials] in which he sustained physical and psychological injuries.
3The incident was reported to and investigated by police and resulted in both Alleged Offenders being charged with two counts of assault with a weapon and aggravated assault. Alleged Offender 1 was additionally charged with dangerous operation of a motor vehicle.
4Alleged Offender 2 was found not guilty of all criminal charges. While Alleged Offender 1 was initially found guilty, events subsequent to the trial, but before sentencing led the Judge to declare a mistrial, because the defence had presented the Judge with evidence of a recording in which the Applicant was heard talking about how he misled the Judge into convicting Alleged Offender 1 and that he intended to seek financial compensation.
5After the mistrial was declared, the Crown informed the CICB that the Applicant was a true victim, and willingly participated with the prosecution, but the Crown chose not to appeal or re-prosecute either Alleged Offender.
Decision
6Considering the evidence presented, the CICB finds the Applicant, on the balance of probabilities, to be a victim within the meaning of section 5(a) of the Act as a result of an assault with a weapon committed by two Alleged Offenders and therefore awards the Applicant the sum of $20,000.00 for pain and suffering. Additionally, the CICB reimbursed the Applicant for his total cost claimed for prescription medication in the amount of $2,573.71 and further awarded a contribution of $1,000.00 towards the Applicant’s unspecified loss of income for the reasons set out below.
Issues
7The Applicant is required to prove, on a balance of probabilities, not only that he was a victim of a crime of violence, but also that as a result of this crime of violence committed against him, he suffered an injury pursuant to section 5 (a) of the Act:
- The CICB is required to determine whether a crime of violence occurred and what injuries, if any, resulted;
- The CICB must also determine whether the Applicant’s expense claim for prescription medication and loss of income is reasonable and within the scope of the Act.
Hearing
8The Applicant appeared at the hearing and gave the following affirmed testimony:
- On the night of the incident, the Applicant was in the company of a male friend and his girlfriend. They attended a house party where the Applicant consumed a beer and afterwards, the Applicant and his friends decided to go to a night club.
- The Applicant testified that he was a frequent guest at the establishment and as such was able to get inside without having to stand in line.
- The Applicant further related that the two Alleged Offenders were standing in line waiting to get in and as they were known to the Applicant, he facilitated for them to get in under his name as well.
- At one point in the evening the Applicant and his male friend decided to go outside to smoke a cigarette. The Alleged Offender 2 overheard their conversation and accused the Applicant of “talking a lot of shit”. A pushing match ensued and as a result both, the Applicant and Alleged Offender 2 were ejected from the club.
- The Applicant took a taxi back to the house. While waiting outside for his friends to arrive, the Applicant observed the Alleged Offender 1 driving towards him in his vehicle throwing a rock at the Applicant and hitting him in his right eye.
- The Applicant stated that he was bleeding from his face/eye and began to run away.
- Both Alleged Offenders exited the vehicle, ran after the Applicant and when they caught up with him they began kicking and punching the Applicant.
- The Alleged Offenders then returned to the vehicle and when Alleged Offender 1 drove away, he struck the Applicant in his left thigh and ran over his left foot.
- The Applicant further testified that as the vehicle took off the wrong way, a police officer who had just finished an unrelated vehicle stop, observed the Alleged Offenders going in the wrong direction and stopped their vehicle.
- The Applicant said at that time his friend attended the scene and drove him directly to the Hospital where medical staff attended his injuries.
- The Applicant stated that he attended the police station a few days after the incident to provide a statement.
9The Police Witness testified under affirmation to the following:
- The applicant attended the Division on [date], 2012 to inquire as to what happened to the Alleged Offenders. It was at this time that police became aware of the incident and how it related to the vehicle they stopped that night with the Alleged Offenders in it.
- The Applicant provided a statement to police, which was consistent with his testimony at the hearing and the subsequent police investigation corroborated the Applicant’s account, which led to the charges being laid against the two Alleged Offenders.
- The Applicant was cooperative throughout the police investigation and provided updates regarding his medical condition, including the loss of vision in one of his eyes.
Injuries
10The Applicant testified that he attended the Hospital where he was treated for his injured eye. He was given a diagnosis of a blunt trauma to his right eye consisting of a corneal abrasion/acute iritis.
11As the Applicant attended various hospital sites to obtain more than one diagnosis, the CICB is in receipt of various hospital and medical reports that corroborate the Applicant’s account of his eye injury.
12The Applicant testified that in