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

Illegal cannabis club in Port Alberni ticketed again

RCMP seize cannabis, issue fine for second time in five months

Chef returns to North Island College to inspire young cooks

Tina Tang shares her culinary journey since graduating

Real-life tsunami threat in Port Alberni prompts evacuation updates

UBC study says some people didn’t recognize the emergency signal

BCHL: Bulldogs announce the departure of head coach Matt Hughes

Hughes led the Alberni Valley Bulldogs for two seasons

Port Alberni Fire Department engages Indigenous youth in fire awareness

Workshop took place as part of Gathering Our Voices event in Port Alberni

Boy who went missing from park remains largest probe in Victoria police history

The four-year old Victoria boy went missing without a trace on March 24, 1991

WestJet sticking with Boeing 737 Max once planes certified to fly

WestJet had expected to add two more of the planes this year to increase its fleet to 13

B.C. driver caught going 207 km/h on motorcycle along Okanagan Highway

A motorcyclist was caught by Kelowna RCMP going 207 km/h on Highway 97C

Protective human chain forms around B.C. mosque for Friday prayer

Vancouver Islanders stand arm-in-arm to show support in aftermath of New Zealand shootings

Motorcyclist dies after three-vehicle crash on old Island Highway

Accident happened at 12:15 p.m. Friday near Country Club Centre in Nanaimo

B.C. fire department offers tips to keep your home safe during wildfire season

With wildfire season getting closer, the Penticton Fire Dept. offer tips to keep your home safe

Fierce house cat spotted as ‘aggressor’ in face off with coyote in B.C. backyard

North Vancouver resident Norm Lee captures orange cat versus coyote in backyard showdown

Wilson-Raybould to reveal more details, documents on SNC-Lavalin affair

Former attorney general has written to the House of Commons justice committee

Most Read