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

Investigation into Naramata fire chief could wrap up before year end

An outside company has been investigating Naramata fire chief since Oct. 22 when he was suspended

Penticton cops investigating break in at Coyote Cruises

Thieves entered the closed building through the roof

Utility Rate Review ready to get back on track

Review of Penticton’s utility charges interrupted by floods and fires

South Okanagan ski hills hoping Mother Nature will bring snow

Apex Mountain Resort opening some runs, Baldy still uncertain

Penticton extends recycling for holidays

Penticton holiday garbage and recycling collection

Man caught on camera allegedly trying to defraud ICBC

Auto-insurer warns B.C. drivers to record info after crashes

Warning issued as forecast calls for 20-foot waves in Tofino

Dangerous waves, strong currents and upper-shoreline flooding expected for Tofino-Ucluelet area

An 800-pound pig named Theodore needs a forever home, B.C. society says

‘Theodore is not destined to be somebody’s bacon’

Single-bridge option chosen to replace Highway 1 bridge in Sicamous

Five-lane span selected over plan with second bridge at Sicamous’ Main Street

UPDATE: Highway 1 closed east of Revelstoke, expected to open at 7:30 p.m.

Highway 1 is closed east of Revelstoke near the west entrance to… Continue reading

Submissions sought for UBC Okanagan’s annual fiction competition

University’s annual short-story contest enters its 21st year

Teenager Alphonso Davies wins Canadian Men’s Soccer Player for the Year Award

Derek Cornelius and Chilliwack native, Jordyn Huitema were named Canadian Youth International Players of the Year

B.C. teen MMA fighter shows heart

Young Unity MMA competitors bring home Ws

2,000 Canadians died of an overdose in first 6 months of the year

New data from the Public Health Agency of Canada shows the crisis is not subsiding

Most Read