Yoga Confirmed as a Medically Justified Care Expense
In the recent decision of Clark v. Kouha, Ms. Justice Powers confirmed that yoga was a medically justified care expense for a plaintiff suffering from chronic pain, and was recoverable as both a special damage and a cost of future care.
The Plaintiff, represented by John Rice and Jon Harbut of our firm, used regular yoga as part of her chronic pain management following a 2006 motor vehicle accident. Counsel for ICBC argued that the plaintiff should not be entitled to recover the cost of yoga and should not be awarded the cost of yoga treatments in the future.
Ms. Justice Powers, in awarding damages to the Plaintiff for the cost of future yoga treatment, stated as follows:
It is my view that, based on the evidence of Ms. Clark, she has and will continue to pursue yoga as part of her chronic pain management. This court has recognized yoga as a medically justified care expense, particularly in the context of chronic pain management… Although I recognize that Ms. Clark may be able to practice yoga at a less expensive facility, I accept on the evidence that she needs to practice it in downtown Vancouver at a facility that is close to her place of work, and that it will be a long-term need.