Is a plaintiff entitled to the full costs of prescription medication and the massage and physiotherapy treatments recommended by the treating physician?
British Columbia, Canada
The following excerpt is from Lees v. Compton, 2013 BCSC 1015 (CanLII):
I find the plaintiff is entitled to recover the special damages amounts claimed including the full costs of the prescription medication. Such sums are recoverable pursuant to the private insurance exception to double recovery: Cunningham v. Wheeler, 1994 CanLII 120 (SCC), [1994] 1 S.C.R. 359; Napoleone v. Sharma, 2008 BCSC 1746. The massage and physiotherapy treatments were recommended by the plaintiff’s treating physician. The massage therapy provides short term relief to the plaintiff. I find those amounts are all recoverable. F. In Trust Claim
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