McCain heiress wants lawyer removed
Court told she ‘fears’ husband’s counsel
Is Harold Niman the most feared lawyer in Canada? To hear six lawyers — seven if you include the judge — sparring over the matter in a courtroom this week, you might think so.
In a bizarre twist to a high-profile divorce hearing, it is Niman who has become the centre of a legal battle.
He is representing Jeff Melanson, former head of the Toronto Symphony Orchestra and the Banff Centre in Alberta, in his separation from heiress Eleanor McCain.
Melanson must have been much impressed by Niman because they first encountered when the lawyer acted for Melanson’s then- wife, Jennifer Snowdon, in her divorce.
Such is the reputation of Niman, that now Eleanor McCain wants him removed from the latest proceedings.
In a Toronto court Wednesday, her lawyers, Gavin MacKenzie and Don Jack, said McCain “fears” Niman. In addition, he had obtained “confidential information” about her during her divorce from Greg David more than 10 years ago.
Allowing him to continue in this case “would diminish public confidence in the administration of justice,” her lawyers said.
But two other lawyers — representing Niman — said there was no reason to remove him.
“There’s no principal basis for the court to disqualify Niman because McCain doesn’t l i ke him or fears him or dreads dealing with him again,” said Paul Michell, one of the lawyers.
“This court’s jurisdiction is not engaged because Niman isn’t liked by McCain. This is not a popularity contest,” added Jonathan Lisus, Niman’s other lawyer.
“There’s a great incentive to try to disqualify a prominent and well- respected family law lawyer,” Michell said.
Niman has been practising family law for 40 years and has developed a reputation for winning millions in settlements and overturning marriage contracts for his clients. In 2009, he was named Toronto’s best family lawyer by Toronto Life.
Before the latest case, he had acted in three divorces involving the members of the McCain family — and one involving Melanson.
This included convincing a judge to rip up a $ 7- million marriage contract and securing what’s believed to be the largest spousal award in Canadian histor y — $ 175,000 a month — for the former wife of Michael McCain, Eleanor’s brother.
One person on an online review website for lawyers called Niman “t he most scary family lawyer ever.”
According to text messages between McCain and Melanson before they married, she said “Jesus no” and “nightmare to follow” on learning Jennifer Snowdon, Melanson’s then- wife, had hired Niman to handle her divorce.
“But this is a lot of stress,” wrote McCain, a singer and songwriter. “This is Niman.”
In the latest split, McCain is seeking an annulment from Melanson, her husband of less than a year.
She alleges Melanson “tricked her” into marrying and an annulment would allow her to “treat the marriage ... as if it never existed.”
For six months, t he couple have slung “toxic” allegations at one another through court filings.
McCain accuses him of using the dating website Ashley Madison while they were married, ending the marriage by email and sexually harassing an employee when he was president of the Banff Centre.
Melanson replied, also in court documents, saying McCain, a singer and songwriter, was trying to “run a smear campaign.” He accused her of shunning one of his children f rom his first marriage, causing their marriage to deteriorate.
Instead of an annulment, Melanson, who retained Niman after the first wave of allegations, is seeking the fulfilment of the $ 5- million marriage contract the couple signed before they were wed.
None of the allegations has been proved in court.
For McCain, her lawyer MacKenzie argued that the current allegations being made against her on Melanson’s behalf are the same ones that were made on David’s behalf more than 10 years ago.
Both sets of allegations about McCain were centred on what Melanson in court documents said was her “vengeful, mean spirited” personality “with incredible amounts of rage.”
“In both cases we have the same l awyer making the same allegations and the same party,” MacKenzie said.
Lisus countered, saying simply looking at the “aggressive, personal, excoriating” allegations in the court documents is enough to determine McCain is an “angry” person.
“McCain’s anger drips off this claim,” Lisus said. “You can’t go through a paragraph without a nasty ad hominem allegation.
“It goes to the question that when Niman says this i s an angry person, he’s somehow reaching back to 2005, but he isn’t, it’s jumping off the page at him.”
On Wednesday, Melanson and McCain sat on opposite ends of the courtroom, never once looking at one another. Niman was perhaps the only lawyer involved in the case who did not appear in the room that was packed with six of them during a nearly nine- hour hearing.
Ontario Superior Court Justice Frances Kiteley noted MacKenzie was asking her to make a decision based on a “hypothetical” situation.
“I don’t see how it could be the basis for disqualifying a lawyer and a law firm,” she said.
The judge said she would make a ruling at a later date.