The defendants note there is authority for the proposition that a gym membership falls within the scope of Part 7 benefits and is deductible. They rely on McCreight v. Currie, 2007 BCSC 1962, rev'd on other grounds 2008 BCCA 150, where the trial judge deducted from the tort award the cost of a gym membership on grounds that it constituted a Part 7 benefit to which the plaintiff was entitled. The trial judge appears not to have made a specific finding about whether the gym membership fell under ss. 88(1) or 88(2) of the Regulation.
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