CRIMINAL INJURIES COMPENSATION BOARD
Adjudicator: Noeline Paul
Indexed as: (Re) 1709-02805
DECISION
INTRODUCTION
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for pain and suffering, loss of income, expenses, and future treatment for injuries resulting from an assault that occurred on [...].
DECISION
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c C24, as amended (CVCA), the CICB grants the Application, in part. Our 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 documentary evidence includes the narrative provided by the Applicant and medical, police, and court documents. This evidence indicates that the Applicant was assaulted by an individual (the “Offender”) with whom he had previously shared a residence. According to this information, the Applicant confronted the Offender regarding some property and the Offender ultimately reacted by assaulting the Applicant. During the incident, the Offender bit the Applicant’s ear and face. The Offender was convicted of aggravated assault.
5Medical documentation confirms that the Applicant had one of his ears bitten off and sustained other bite marks on his face and body.
6The Applicant reports that he was working full-time as a temporary worker at the time of the injury and believed that he would be hired on permanently with his employer.
7An Employer’s Report was provided in support of the Applicant’s income. This report was completed by a recruitment agency. The document did not include copies of the Applicant’s pay stubs as requested in the Employer’s Report.
8The Applicant indicated that he had expenses related to his injury, such as ambulance costs, but did not provide documents to confirm these expenses.
9The Applicant stated in his application that he wishes to undergo surgery to attach a prosthetic for his ear. He did not provide documentation to confirm the costs and treatment plan.
ANALYSIS
Crime of Violence
10A 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.
11We find the Applicant’s injuries resulted from the crime of violence because the medical and police documents confirm the Applicant’s statement that the injuries were directly caused by the assault by the Offender.
Compensation
Pain and Suffering
12In assessing the claim for pain and suffering the CICB considered the nature of the crime and the extent of the Applicant’s injuries. The CICB awards the Applicant compensation for pain and suffering in the amount of $10,000.00.
Expenses and Income Loss
13The Applicant must provide reliable evidence to support the claims for:
expenses actually and reasonably incurred as a result of injury; and
income or pecuniary loss incurred as a result of his total or partial disability affecting his capacity for work.
14The Applicant’s claim for travel to treatment is granted for seven trips (one-way) for follow-up treatment based on information contained in the application that confirms this treatment. The CICB awards $338.24 for travel to treatment expenses.
15The Applicant's claim for other expenses and loss of income is denied due to the lack of sufficient supporting documentation.
Future Treatment
16With respect to future treatment and expenses, the Applicant has not provided sufficient documents to confirm the costs and timeline for treatment. Therefore, the CICB denies compensation for such future expenses.
AWARD
17The CICB orders compensation as follows:
Subsection 7(1)(a) Expenses $338.24
Subsection 7(1)(d) Pain and Suffering $10,000.00
TOTAL AWARD (AND COSTS) $10,338.24
TOTAL CURRENT AWARD $10,338.24
18THE CICB ORDERS the following be paid immediately to the:
Applicant $10,338.24
Dated at Toronto, Ontario this 17th of January 2019.
Noeline Paul, Member