Criminal Injuries Compensation Board
Adjudicator: Noeline Paul Date: January 17, 2019 Indexed as: (Re) 1805-01750
DECISION
INTRODUCTION
1The Applicant applied to the Criminal Injuries Compensation Board (CICB) seeking compensation for pain and suffering and expenses 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. 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, both in the narrative provided by the Applicant and in hospital and police reports, state that the Applicant was assaulted by a stranger on the street. This was a random incident and was not instigated by the Applicant. The Offender initially hit the Applicant with a bottle and then later punched him repeatedly.
5The Applicant sustained a fractured jaw, lacerations and bruising to his eye, loss of teeth, and pain as a result of the above incident. He also reports that he has been unable to sleep properly, has fear, has lost weight, and suffers from panic and depression.
6The Applicant was treated in a hospital for his physical injuries and notes verifying his physical injuries and treatment are on file.
7The Offender was charged with multiple offences and was convicted for assault causing bodily harm.
ANALYSIS
Crime of Violence
8The 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 the injuries resulted from the crime.
9We find the Applicant is a victim of a crime of violence because the Offender has been convicted of aggravated assault against the Applicant.
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 there are police and medical documents to support the Applicant’s statements that the assault caused the injuries.
Compensation
Pain and Suffering
12In assessing the claim for pain and suffering the CICB considered the physical and emotional injuries caused by the assault. The CICB finds it appropriate to award the Applicant $7,000.00 for pain and suffering.
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. The Applicant has not provided documents and/or receipts to verify his expenses.
14The Applicant's claim for expenses is denied due to the lack of sufficient supporting documents.
15The CICB has also considered the possibility of future treatment related to the Applicant’s injuries. The Applicant has not provided sufficient details and documents to verify the potential costs and timeline for treatment and, therefore, the CICB cannot pre-authorize future treatment at this time.
AWARD
16The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering $7,000.00
TOTAL AWARD (AND COSTS) $7,000.00
17THE CICB ORDERS the following be paid immediately to the:
Applicant $7,000.00
Dated at Toronto, Ontario this January 17, 2019
_______________________________
Noeline Paul, Board Member