Sandra Bergen, 23, filed a suit against her former classmate, Clinton Davey, seeking damages in excess of $50,000 for selling her the drug that eventually led to a near-fatal overdose.  In her statement of claim, Bergen argued that Mr. Davey was aware of the harmful and addictive effects of the drug, and sold it not only for profit, but to intentionally inflict physical and mental suffering.  

A Court of Queen's Bench Judge in Saskatoon struck down Davey's statement of defence, effectively resulting in the success of Ms. Bergen's claim.  Bergen's lawyer, Stuart Busse, was satisfied with the result, but expressed dismay at the fact that the case was not decided on its merits accompanied by written reasons handed down by the Judge.

The results of this case raise the question of whether Canadian courts have opened the door for drug addicts to profit from the results of their unlawful conduct.  On the other hand, many view this decision as a recognition of the realities of the drug trade and importance of holding drug dealers, like ordinary vendors, liable for the safety of their products.

Many American states have recently passed some sort of Drug Dealer Liability Act's.  Perhaps it is time for Canadian provinces to follow suit.

- Joseph Cohen-Lyons