MCCONNELL’S ‘MAALOX MOMENT.’
Actor claims she was sexually assaulted twice
TORONTO• An Ontario Superior Court judge on Monday allowed a Toronto actor to move forward with a multimillion-dollar lawsuit that accuses Harvey Weinstein of sexually assaulting her 17 years ago, even though the woman’s lawyers haven’t found him.
The woman’s lawyer, Alex Smith — of high-profile Toronto firm Henein Hutchison LLP — told court Monday he has been trying to serve Weinstein with court documents for more than a week. Since the torrent of allegations against Weinstein began last month, reports have variously placed the film producer in Europe, in Connecticut, or wearing a disguise in Phoenix.
Smith received a tip Weinstein was spotted at a restaurant in Westport, Conn. He sent a representative to Weinstein’s home there, but security guards said Weinstein wasn’t there and refused to accept the documents on his behalf.
“His whereabouts are unknown,” Smith said in a Toronto courtroom Monday, adding his client “does not trust that Mr. Weinstein will do the right thing.”
Smith also struggled to reach Weinstein’s former assistant, Barbara Schneeweiss, who is also listed as a defendant in the case, accused of luring the actress to the hotel room where the alleged sexual assaults occurred.
In an order issued Monday, Justice Todd Archibald allowed the woman to file a statement of claim — effectively starting the lawsuit. The order also allows the woman to remain anonymous, using the pseudonym Jane Doe, at least for the time being.
At a hearing next month, the defendants will have an opportunity to challenge the woman’s request to have her identity protected.
Local news outlets were also notified, and none sought to challenge a publication ban, Smith noted.
In the statement of claim, the woman says she was in her early 20s when Weinstein approached her on a film set in Toronto in 2000, where she was acting in her first movie. Later, Weinstein’s assistant, Schneeweiss, invited the woman to a breakfast meeting with Weinstein at a hotel downtown.
When the woman arrived, Schneeweiss invited the actress up to Weinstein’s suite, where he was apparently held up with a phone call. Upstairs, Weinstein spoke to the actor briefly about her career, then dismissed his assistant. Once the two were alone, he forced the woman onto a bed and sexually assaulted her, the statement of claim alleges.
Later that day, Weinstein made several phone calls asking her to return so he could explain the “misunderstanding.” She arrived at the hotel with a friend and
GUARDS REFUSED TO ACCEPT THE DOCUMENTS.
her agent, but Weinstein’s assistant insisted she go to Weinstein’s suite alone so he could make a private apology. He allegedly coaxed her into his room where he “threw his weight onto her and tried to stick his tongue down her throat.”
None of the allegations have been tested in court. Weinstein’s spokesperson has said he “unequivocally” denies any allegations of non-consensual sex.
The Toronto actress is seeking $4 million each in damages from Miramax, Disney and Weinstein and $2 million in damages from Schneeweiss.
The woman said she filed a complaint with Toronto Police last month. Toronto Police spokesman Mark Pugash couldn’t comment on whether an investigation was underway.