Dr. Edwin P. Urovitz

The accused pleaded guilty to production or cultivation of cannabis marihuana.

Police discovered 99 marihuana plants in various stages of growth at the accused's residence.

The accused had previously obtained licenses from Health Canada to possess and produce medical marihuana for pain management resulting from catastrophic injuries sustained in a 2004 motorcycle accident.

The accused's production license had expired, and although he submitted a renewal application before expiration, he did not diligently follow up with Health Canada.

The Crown sought a six-month jail sentence, while the defence argued for a significant fine given the medical necessity and exceptional circumstances.

The court imposed a suspended sentence with two years' probation, finding that the exceptional circumstances and medical necessity rendered imprisonment disproportionate.

The appellant appealed an arbitration order terminating his weekly income benefits after 156 weeks.

The arbitrator found that the appellant, who suffered a hip fracture requiring a replacement, was capable of engaging in suitable alternative light work despite his previous experience in physically demanding construction jobs.

On appeal, the Director's Delegate held that the appeal was not restricted to questions of law because the arbitration commenced before the statutory amendment limiting appeals.

However, the Delegate upheld the arbitrator's findings that the burden of proof did not shift to the insurer merely because it paid benefits beyond the 156-week mark, and that the appellant was reasonably suited for alternative employment.

The appeal was dismissed.

The applicant was injured in a motor vehicle accident and received statutory accident benefits for 156 weeks.

The insurer terminated weekly and child care benefits on the basis that the applicant did not meet the stricter post-156 week eligibility test.

The arbitrator found that the applicant's primary debilitating condition, carpal tunnel syndrome, was unrelated to the accident.

The arbitrator concluded that the applicant's accident-related injuries did not continuously prevent her from engaging in substantially all of her normal activities.

The claims for ongoing weekly benefits, child care benefits, and supplementary medical and rehabilitation benefits were dismissed, though the applicant was awarded her arbitration expenses.