Judge rejects challenge to Canadian actress’ lawsuit against Weinstein

The Toronto actress behind the lawsuit cannot be named

A judge has rejected a legal challenge of a Toronto actress’ sexual assault lawsuit against disgraced Hollywood producer Harvey Weinstein, his former assistant and two entertainment companies.

The decision delivered on Friday means the lawsuit, which alleges Weinstein sexually assaulted the actress nearly two decades ago, will proceed without changes to the woman’s statement of claim.

The challenge to the suit was launched by Weinstein’s former assistant, Barbara Schneeweiss, who argued that claims concerning her were not necessarily in relation to any alleged sexual assault and consequently were subject to a statute of limitations that had expired.

The judge who heard the case disagreed.

“Although the claims against Schneeweiss are not for the sexual assaults themselves, they all involve civil liability for actions that relate directly to Weinstein’s (alleged) sexual assaults,” Justice Patrick Monohan wrote.

The Toronto actress behind the lawsuit, who cannot be named, alleged Schneeweiss set up a meeting between her and Weinstein in 2000, despite having some degree of knowledge that it might lead to a sexual assault. The actress’s statement of claim alleges Weinstein forcibly performed oral sex on her without consent at that meeting.

Later, when the actress went with her agent and a friend to meet with Weinstein, expecting an apology, Schneeweiss allegedly conspired to get the actress in a room with Weinstein alone, at which point he attempted to stick his tongue down her throat, according to the woman’s statement of claim.

None of the allegations in the lawsuit, which also names entertainment companies Miramax and Disney as defendants, have been proven in court and no statements of defence have been filed in the case.

Under Ontario law, a plaintiff generally has two years from the time of an alleged incident to sue someone, but legislation passed in 2016 abolished any time limitation for filing a lawsuit for a matter relating to sexual violence or harassment.

Weinstein, an Oscar-winning film producer, faces sexual harassment and sexual assault allegations from several women.

On Oct. 8, he was fired from the Weinstein Company – the film studio he co-founded with his brother in 2005 – days after the New York Times published a story detailing some of the allegations against him. Weinstein’s representative Sallie Hofmeister has said Weinstein denies all allegations of non-consensual sex.

Peter Goffin, The Canadian Press

Just Posted

Fort Langley’s boarded up buildings ‘filthy, unsightly,’ says health inspector

Eric Woodward says buildings will remain boarded up, following letter from Fraser Health

The Circus is coming to Aldergrove

Great Benjamins Circus is coming to thrill fans of high-wire derring-do in Aldergrove in May

VIDEO: Family asks for help finding remains of Surrey man missing for 10 years

Police suspect foul play in Kellen McElwee’s disappearance a decade ago

SLIDESHOW: Titans take down Griffins

Photos of Langley Fundamental Titans senior girls soccer team 4-0 victory over North Delta’s Burnsview Griffins

Game not over for Langley teen just yet

Standout basketball player James Woods weighing his options on both sides of the border

Shania Twain visits Canadian Armed Forces base in B.C.

Canadian country icon thanks members of CFB Esquimalt for their service

Countdown is on to the 2018 B.C. Summer Games

Cowichan Valley hosts on July 19-22

Driving Change: A B.C. man’s charitable trip across Canada

A Kelowna man, his bus, and his mission for positive change across our country

Case of teacher secretly filming teens reaches top court

Acquittal of teacher, Ryan Jarvis, who secretly videoed teens ‘dangerous,’ top court told

Why a 14-year-old will lead the charge at annual marijuana protest on the Hill

Marijuana enthusiasts have long been circling April 20 on their calendars as annual day of cannabis

B.C. communities await marine spill compensation years after incidents

The government maintains a Ship Source Oil Pollution Fund to compensate Canadians

RCMP say too early to know what happened in Broncos crash

RCMP Assistant Commissioner Curtis Zablocki said collission very complex

Conservative MP wants feds to close loophole for illegal border crossers

Immigration advocates call on government to suspend Canada-U.S. Safe Third Country Agreement

Alberta university criticized for honouring David Suzuki

University of Alberta plans to bestow environmentalist with honourary degree

Most Read