DRUG DEALER SUED FOR SELLING METH

SASKATOON -- A woman who overdosed on crystal methamphetamine in
rural Saskatchewan has successfully sued the man who gave her the
drug, likely making it the first court win of its kind in the country.

"It was frustrating not having anything done through the criminal
system," said 23-year-old Sandy Bergen, who has been drug- and
alcohol-free since the incident in Biggar in 2004.

"Financially, I'm not really going to gain from it. But it's a way of
holding him responsible."

Bergen and her parents, Stan and Georgina, launched the negligence
suit against Clinton Davey in 2005, asking for more than $50,000 in
medical costs and other damages.

Bergen suffered a heart attack during the overdose and spent 11 days
in a coma. Now living in Saskatoon, she does speaking events at high
schools about the dangers of crystal meth.

Last Friday, a Court of Queen's Bench Judge in Saskatoon agreed to
strike Davey's statement of defence in the case, which basically
finds him in default. A hearing will now be scheduled to determine
what amount the court will award.

Bergen learned about the win Monday from her lawyer.

"It means we've effectively won. We proceed as if we were never
opposed," said Bergen's lawyer, Stuart Busse.

Busse says he could not find another such decision in his research.

"To my knowledge, it's the first case that's gone anywhere against a
drug dealer," he said.

Busse asked the court to strike Davey's statement of defence and find
him in contempt of court for not answering questions about where he
got his drugs.

The unknown drug supplier, John Doe, was also named as a defendant in
the lawsuit. In court documents, Davey said he could not remember the
name of his drug supplier, although he could recall other details
about the night of Bergen's overdose.

Busse said he believes Davey received threats, so he was likely
fearing for his safety when he refused to answer questions about his
drug supplier.

"As a general rule, you don't rat," said Busse.

Davey did admit he gave Bergen crystal meth -- but said the cash she
gave him was for cigarettes, not the drug.

Bergen said that's not the case. She gave him $40 for the meth even
though the cost was $30. Already suffering from the sweats and hand
pain of a heart attack, she was feeling too ill to demand the change.

An addict since 18, Bergen said she hadn't smoked meth for about
eight months when Davey offered her the drug that night. She was weak
and upset about having to testify in an upcoming sexual assault trial.

Davey's grandmother, Dalis Davey, was also named in the civil suit
because the overdose happened in her home. But Busse said he's
considering dropping her as a defendant.

He said if the drug supplier is identified in the future, he can
still be held liable.

Davey, with no current address, may not have much money, said Busse.
But his assets can be seized.

"The point is he caused this problem, and he should have to pay," Busse said.

Bergen said she doesn't expect much money but hopes to get enough to
cover her legal expenses.

The purpose of the suit was to hold Davey accountable, she said, and
put some fear into the drug trade.

"If you can take the financial gain away from them, drug dealing is
not going to be that appealing."

The case could pave the way for similar lawsuits across Canada.

Busse said he has already spoken to a woman from Nova Scotia who
wants sue the drug dealer responsible for her son's overdose.

There have already been similar cases in the United States, where
more than a dozen states have passed a Drug Dealer Liability Act.