How have the courts dealt with an individual's addiction to painkillers?

British Columbia, Canada


The following excerpt is from Smaill v. Williams, 2010 BCSC 73 (CanLII):

In Prasad v. Sedivy, 2008 BCSC 443, the defendant attempted to argue failure to mitigate based on the plaintiff’s addiction to narcotic analgesics. Mr. Justice Williamson dismissed this argument. The medication in that case was prescribed by the plaintiff’s doctor to treat his injuries and the plaintiff followed the doctor’s directions. The fact that he became addicted was not laid at his feet.

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