The Human Rights Tribunal of Ontario has found a litigant had no prospect of success in a claim that her employer-sponsored insurance plan was discriminating against her disability by refusing to pay for her medical cannabis.
Lisa Cabel, a lawyer at Norton Rose Fulbright Canada LLP, who represented the insurance company and employer sponsor, says the case shows that while the political climate around recreational marijuana has shifted, the terms of medical marijuana insurance contracts remain in effect.
“The climate change in the political view of marijuana didn’t change the contractual interpretation. It didn’t lead the tribunal to enhance somebody’s human rights because they wanted marijuana,” says Cabel. “The takeaway would be that the law still remains the same. . . . It wasn’t a surprise to me that the decision came down the way that it did.”