What is the deductibility of a portion of a plaintiff's claim for physiotherapy and medication?
British Columbia, Canada
The following excerpt is from Hooper v. Nair, 2009 BCSC 862 (CanLII):
The plaintiff is fortunate to have extended health benefits through her employment which will pay some portion of physiotherapy and medication costs every year. I do not have evidence of how much coverage she has and as a result I will arbitrarily deduct a portion of the amount claimed for treatment: see Harvey v. Yanko, 2007 BCSC 216 at para. 92, [2007] B.C. J. No. 312. I note the claim made for medication is very small.
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