It was inevitable that B.C. would be a leader in this area. In
Hollyer v. Gaston 2016 BCSC 1401, a
decision of the B.C. Supreme Court rendered July 27, 2016, as part
of an award for the cost of future care in a personal injury case,
Justice Gerow included an award of $5,000 for the cost to the
plaintiff for her future use of various drugs, including medical
marijuana. The plaintiff, a 48 year old mother of two who worked
full time at home as a day trader at the time of the motor vehicle
accident, presented a claim for the future cost of medical
marijuana in the amount of $162,489. Justice Gerow reduced the
amount claimed on the basis that there was no recommendation that
the plaintiff continue to use medical marijuana for life. The Court
justified the reduced award on the basis that a doctor had
recommended that the plaintiff use marijuana oil to help with
It is a certainty that as medical marijuana becomes increasingly
recommended by doctors as a treatment for pain, anxiety, sleep
disorders and other medical problems there will be a corresponding
increase in court awards to compensate plaintiffs for the cost of
Title courtesy of John Lennon & Paul McCartney, 1967
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