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March 1, 2022

Defendants successfully oppose addiction claim despite the absence of direct supportive evidence

Nazanin Aram

In Heffernan v. Charlish, 2021 BCSC 1882, the plaintiff who was injured in two car accidents claimed she developed addiction to heroin and crystal methamphetamine as a result of the accidents and the resulting pain and interruption of her life. The addiction had allegedly developed within 2 months following the first accident. By trial, the plaintiff was clearly suffering from addiction to both substances. Although there was no direct evidence of the plaintiff using either substance before the first accident, there was sufficient evidence to allow the court to draw the inference that the plaintiff had started using the substances…

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