CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Veda Rangan
Indexed as: (Re) 1701-00173
DECISION
Introduction
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for injuries resulting from a crime of violence. The Applicant is seeking the following forms of compensation for pain and suffering and loss of wages.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB (select from dropdown) the Application and awards the Applicant $6,000.00. The reasons for this Decision follow below.
Hearing
3The hearing was conducted in writing on the basis of the materials contained in the Applicant’s file.
Evidence
4The Applicant resided with other students from […] College in […]. On January 25, 2015 on his return from work joined a party in the basement. The Offender was extremely intoxicated and began yelling at the Applicant. Then for some unknown reason and without provocation, the Offender struck the Applicant across the right side of his forehead with an empty liquor bottle. After the assault at least two of the guests fled the scene and another person called a cab and took him to the hospital. The matter was subsequently referred to the police.
5The police report notes that on January 2015 the police attended the hospital where the Applicant was being treated for a laceration to his forehead requiring 12 stitches. The Applicant gave the police details of the incident that concurs with the description provided in the narrative. The Offender was later arrested , charged with Assault with a weapon, Assault causing bodily and was sentenced to 84 days custody, 36 days’ time served, 15 months’ probation, and five years weapons prohibition.
Analysis
Crime of Violence
6A conviction is conclusive evidence that a crime of violence occurred. As there was a conviction in this case, the Applicant is required to prove, on a balance of probabilities, that his injuries resulted from the crime of violence.
7I find the Applicant’s injuries resulted from the crime of violence because the medical documentation on file with the Board clearly indicate the nature of the injuries, the treatment received on the day of the assault January 2, 2015. In addition the police report also notes the injuries the Applicant sustained as a result of the assault.
Injury
8I find the Applicant’s injuries resulted from the assault on him as evidenced by the hospital report and the medical report.. The hospital report notes a large laceration to the right forehead. The laceration was 3” in length with a slight gaping and hence the bone was visible. The laceration was sutured. He was discharged on the same day and was asked to see his family physician for further follow up.
9The family doctor in his report acknowledges the nature of the physical injury. He adds that as a result of the nature of the assault the Applicant feels stressed and is unable to sleep. This has affected his employment. Initially the Applicant was afraid to seek help. However, he consulted his physician and requested help to deal with the emotional impact of this incident. Although the Applicant expressed symptoms of PTSD to his physician, to date there has been no official diagnosis. As a result the Applicant was referred to psychiatric services center for an assessment.
Section 17
10After considering the evidence the CICB is satisfied there are no s. 17 issues relevant to deciding this Application.
Compensation
Pain and Suffering
11In assessing the claim for pain and suffering the CICB considered the nature of the physical injuries requiring medical intervention, and the emotional impact which impacted his capacity to work and inability to attend one semester of his educational course. In consideration of his victimization the Board awards him $6,000.00 for pain and suffering.
Expenses and Income loss
12The Applicant's claim for loss of tuition fee in the amount of $1,202.95 is awarded to the Applicant’s counsel as he had paid the tuition fees owed to the institution.
13The Board will reimburse counsel’s disbursements in the amount of $1, 202.95 and $40.55. It is the Board’s practice to contribute up to a maximum of $400.00 towards legal fees incurred to assist an Applicant with application where it is satisfied that legal representation was reasonably necessary in the circumstances of the case. We find no compelling reason to deviate from that practice under the circumstances. The Board awards $400.00 in respect of this expenses and order that it be paid directly to the Applicant’s solicitor.,
14The Applicant has claimant a loss of income in the amount of $7,200.00 for the period February 16, 2015 to March 15, 2016 is denied. The employer record of employment states that the Applicant joined on 22/12/2014 and the last day worked is noted to be 15/02/2015 which is 10 days prior to the assault date. Hence loss of employment was not as a result of the assault on him.
Award
15The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering
$ 6,000.00
Section 22 Costs
$ 1202.95
Section 22 Costs
$ 40.55
Section 22 Costs
$ 400.00
Total Award (and Costs)
$ 7,643.50
Payment
16The CICB orders the following be paid immediately to:
Solicitor in trust for the Applicant $6,000.00
Solicitor $1,643.50
Dated at Toronto on April 26, 2019.
Veda Rangan, Board Member