In what circumstances will a plaintiff be awarded general damages for his acquired heroin addiction?

British Columbia, Canada


The following excerpt is from McCullum v. White, 2016 BCSC 569 (CanLII):

In Picco v. British Columbia (Attorney General), 2015 BCSC 1904, a case relied on by the plaintiff, Brown J. considered it appropriate to “augment” the plaintiff’s general damages based on the plaintiff’s acquired heroin addiction following the accident in question. In that case, the plaintiff had struggled with addiction issues prior to his accident. There was also extensive expert evidence at trial. One aspect of that evidence, which Brown J. found “instructive”, was that the plaintiff was more vulnerable and more susceptible to the use of narcotics than other members of the public.

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