Criminal Injuries Compensation Board
Adjudicator: David Fine
Indexed as: (Re) 1809-03448
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: pain and suffering.
Decision
2In accordance with the Compensation for Victims of Crime Act, RSO 1990, c.C24, as amended (CVCA), the CICB grants the Application and awards the Applicant $5,000.00. 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 which consisted of the application and injury reports from a youth detention center.
Analysis
4There was no conviction with respect to the incident. Section 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 injuries.
5The 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.
6The documentary evidence indicated that while being detained in a youth detention center the Applicant was randomly attacked by another detainee on September 26 2016. He was repeatedly punched in the face and head. The Applicant initially denied any headaches, numbness or blurry vision. However, he passed out a short time later and hit his head on concrete. There was no police investigation but it appears the matter was dealt with internally at the youth detention center. There is no information whether any action was taken against the Alleged Offender. It is said the Applicant was sent to a hospital for observation but the hospital could not locate any records The Applicant was treated and monitored for a few days at the youth detention center.
7The injury reports from the youth detention center indicate the Applicant suffered a non- displaced nasal bone fracture. That injury did not require any treatment.. The Applicant also suffered bruising to his face, headaches, a concussion and a cut inside his cheek. From a mental perspective the Applicant feared for his safety.
8There were no medical or counselling reports produced subsequent to the initial reports prepared at the time of the assaults to suggest any serious ongoing issues.
9The injury reports from the youth detention center corroborate the allegations regarding the physical assaults and confirm the Applicant suffered the physical and mental injuries described.
10Accordingly, I find on the balance of probabilities the Applicant is a victim of a crime of violence and suffered injuries as a result.
11Therefore, I award the Applicant $5,000.00 for pain and suffering. In awarding this amount I have taken into account the extent of the Applicant’s injuries and the random nature of the attack .
12The CICB is mindful that awards are not intended to make an applicant economically whole and are not paid by the wrongdoer as would be the case if an applicant pursued compensation in a civil action. The CICB also considers previous awards made in similar circumstances to determine a reasonable amount of compensation and maintain consistency across the CICB.
Award
13The CICB orders compensation as follows:
Subsection 7(1)(d) Pain and Suffering
$ 5,000.00
Total Current Award
$ 5,000.00
Payment
14The CICB orders the following be paid immediately to:
Applicant
$ 5,000.00
Dated at Toronto on July 5, 2019
David Fine, Board Member