Dean Zastowny began taking drugs when he was in Grade

Dean Zastowny began taking drugs when he was in Grade 9, and he was addicted to crack cocaine by the time he was 18. After committing a string of crimes to support his habit, he was convicted and sent to prison. While in prison, he was sexually assaulted by a prison officer. The evidence indicates that those assaults caused Zastowny to develop low self-esteem, anti-social behaviour, and sexual anxiety. Those conditions remained even after he was released from prison. Zastowny found comfort in heroin and, in order to afford his drugs, he once again led a life of crime. He consequently spent 12 of the next 15 years in jail. Zastowny has now sued the prison guard and the province (as the guard's employer). The defendants have admitted liability and the only issue concerns the remedy. The trial judge has found that but for the sexual assaults, Zastowny would not have become addicted to heroin, and he consequently would not have committed the crimes that led to his return to prison. The judge also has found that but for the sexual assaults, Zastowny would not have developed the personality disorders that prevented him from finding work during the brief periods that he was not in jail. Zastowny therefore argues that he is entitled to be compensated for all of the income that he has lost during the past 15 years. He also argues that, since his personality problems continue to exist, he is entitled to be compensated for the fact that he probably will have difficulty holding a job in the future. Should the judge award damages for all of those losses? Explain your answer.



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