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 sleep.
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 marijuana.