Sandra Bergen was suing Clinton Davey, but earlier this month a Saskatoon judge struck down his statement of defence after he failed to answer questions in a legal proceeding.
That means Davey is not in a position to dispute liability and the case will go back to court to determine damages, Bergen's lawyer Stuart Busse said.
Bergen says her win may be by default, but she'll take it.
"He can't go to court now and say 'I'm not responsible,'" she said Tuesday.
Bergen said after she overdosed on the drug in May 2004, she nearly died of a heart attack. Then 19 years old, she spent 11 days in a coma and was left with a number of long-term physical ailments.
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