What is the test for an application to obtain a sample from a plaintiff who is alleged to be abusing prescription drugs?
British Columbia, Canada
The following excerpt is from Gordon v. Bill, 2005 BCSC 840 (CanLII):
7. Counsel for the defendant has referred me to the decision of Burnyeat, J., in the case of Siemens v. Motruk and Coote, [2000] BCSC 1593 (B.C.S.C.) in which the learned judge considered a similar application concerning a plaintiff who was alleged to be abusing prescription and non-prescription drugs. Burnyeat, J. concluded that there was “at least a possibility” that the sample sought would show that the plaintiff was addicted to medication and that she was using medication not prescribed by her medical advisors.
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