Supreme Court

Decision Information

Decision Content

                               SUPREME COURT OF NOVA SCOTIA

        Citation: Campbell v. Nova Scotia (Community Services), 2010 NSSC 116

 

Date: 20100330

Docket: Hfx No. 272059

Registry: Halifax

 

 

Between:

 

Sally Elizabeth Campbell                                                                  Applicant

 

and

 

Minister of Community Services                                                   Respondent

 

 

LIBRARY HEADING

 

Judge:                        The Honourable Justice Gerald R. P. Moir

 

Heard:                       February 17, 2010

 

Subject:                     Judicial Review, Assistance Appeal Board, special need

 

Summary:                 Ms. Campbell applied for coverage of medical marijuana as a special need under the Employment Support and Income Assistance Regulations.  She was refused.  She appealed, and was denied.  She applied for review.

 

Issues:                        (1)  Whether the Board correctly interpreted the Regulations?  (2)  Whether it made an unreasonable finding of fact?  (3)  Relief

 

Result:                       No error in interpretation.  However, the evidence could not have supported the Board's finding that medical marijuana is not essential for Ms. Campbell.  The appropriate remedy is an order requiring the department to cover the expense.

 

 

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