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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