Suppose your Television gets stolen, your insurance will cover it. In case, your jewelry is snatched, it will almost covered under your policy of homeowner. However, your expensive medical marijuana plants turn out, are barely covered at all.
Darren Stewart found that at each court level, he kept on losing his battle to receive TD General Insurance Company to pay $ 45,000 for covering the theft of eleven medicinal marijuana plants he was growing in his Rockwood, backyard. Rather than he and Vanessa Miller (his wife) is now on the hook to pay $20,000 in the legal costs of TD, beside the mounting bills of their own.
Stewart suffered severe injuries in 1997 in a car accident and received authorization from Health Canada to grow marijuana for his chronic pain. However, in 2009 and again in 2011, his all plants got stolen just before they were ready for harvesting.
He was expecting that his TD insurance will pay for the replacement of weed value since he believed that his costly crop fell under his coverage of policy for personal property. However, his insurer did not see this way. Instead, the claims adjuster has looked at his marijuana as a garden having variety of plant covered under his comprehensive coverage for landscaping.
Unhappy and unsatisfied, Darren Stewart and his wife decided to go to court. There it was figured out that, they would have been reimbursed if they had cancer drugs stolen but not medical marijuana. Darren filed 2 lawsuits against the insurer claiming that $ 45,000 for the stolen weed value and a further $180,000 for all cases of breach of contract, infliction of physical and mental suffering, physical pain and mental stress and breach of fiduciary duty.
On March 2013, a rule was passed by the Hamilton judge that $1,000 a plant is all they owed and said the conduct of TD Insurance was generous. He ordered the couple for paying their insurer $14,350 in costs. In response, the couple appealed his judgment to the Divisional Court, where the panel of 3 judges agreed that the marijuana plants should be taken as personal property. However, the policy just covers personal property which is usual to the maintenance or ownership of a dwelling.
The judges said that everyone do not own a crop of marijuana growing in their backyard. Further. It was said by the court that fewer than one-third of 1 per cent of the Canadian population are authorized to grow medical marijuana for their personal medical purposes. It clearly seems evident that medical marijuana plants growing in the backyard are not usual to the maintenance or ownership of a dwelling itself.