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Quebec auto insurance protection agency ordered to pay $5,000 to auto injury victim for medical use of marijuana


February 22, 2011   by Canadian Underwriter


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A Quebec administrative tribunal has ordered the province’s auto insurance protection agency to pay $5,000 to a Quebec man so he can grow and smoke marijuana in his home to help treat injuries he suffered as a result of a 1986 car accident.

The man, now in his 40s, cannot be identified under provincial law. He is licensed by Health Canada to grow and smoke marijuana for personal use.

He initially applied to the province’s auto insurance agency for coverage for marijuana to help treat back spasms, according to a report by the news service QMI Agency. In doing so, he argued that traditional medicines did not work.

Quebec’s auto insurance protection agency denied the application. But the administrative tribunal, which hears appeals from citizens concerning the decisions of provincial departments, said necessary steps must be taken to help with the rehabilitation of people injured in auto accidents, according to the QMI Agency report.

The tribunal found this was a “special” case and called upon the agency to pay $5,000 for a hydroponic greenhouse in the man’s home, in addition to associated costs related to water, electricity, plants and soil.

“The tribunal is well aware of the controversial attitudes regarding the therapeutic use of marijuana,” the judges wrote in their decision, as cited in the QMI report. “There is no medical consensus for this type of treatment. Therefore, we have to rely on the personal experiences of the people involved in order to appreciate the benefit of marijuana use.”

The agency is cited in the news item as considering an appeal.


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