CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Evelyn J. Baxter Date: July 31, 2018 Indexed as: (Re) 1701-00262
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, R.S.O. 1990, c. C.24, as amended (the “CVCA”). The Applicant is seeking expenses, loss of income, pain and suffering as a result of a physical assault that occurred on [date], 2016 where he sustained physical/psychological injuries. The incident was reported to the police, but no charges were laid as no Alleged Offender(s) were identified.
Decision
2The CICB approves the claim and awards the Applicant the sum of $10,209.00 for the reasons set out below.
Issues
3The fact that there has not been a conviction is not a bar to the Applicant’s claim. Subsection 16(1) of the CVCA provides that compensation may be awarded whether or not a person has been prosecuted or convicted of the offence giving rise to the injury. The 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 his injuries resulted from the crime pursuant to subsection 5(a) of the CVCA.
4If the Applicant has met the above threshold, in deciding whether or not to exercise our discretion to award compensation and the amount thereof, we must consider:
a) All the relevant circumstances, including whether the Applicant’s behaviour may have directly or indirectly contributed to the injuries pursuant to subsection 17(1) of the CVCA.
b) Whether the Applicant has refused reasonable cooperation with, or failed to report promptly the offence to a law enforcement agency pursuant to subsection 17(2) of the CVCA.
c) Any benefit, compensation or indemnity paid or payable to the Applicant from any source other than social assistance pursuant to subsection 17(3) of the CVCA.
5The Applicant must provide reliable evidence to support his claims for:
a) Expenses actually and reasonably incurred as a result of his injury pursuant to subsection 7(1)(a) of the CVCA,
b) Income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work pursuant to subsection 7(1)(b) of the CVCA.
c) Support of a child born as a result of rape/sexual assault pursuant to subsection 7(1)(e) of the CVCA.
d) Pecuniary losses resulting from his injury and any other reasonable expense that, in the opinion of the CICB, it is reasonable to incur, pursuant to subsection 7(1)(f) of the CVCA.
Hearing
6The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Documentary Evidence
7The CICB received the following documents with respect to the claim: police reports, hospital records, medical reports from his family physician, specialists, copies of expense claims or receipts, and other documents.
8The Applicant was a university student at [institution] studying economics and was in his second year of study of a four year program at the time of the incident.
9On the night of [date], 2016, the Applicant and friends were walking down the street in [city] on their way to a