National Post

Toronto actress’s lawyers can’t find Weinstein

Complainan­t also seeks to stay anonymous

- Jake Edmiston

TORONTO• An Ontario Superior Court judge on Monday allowed a Toronto actress to move forward with a multimilli­on- dollar lawsuit that accuses Harvey Weinstein of sexually assaulting her 17 years ago, despite the fact that the woman’s lawyers haven’t been able to find him.

The woman’s lawyer, Alex Smith — of high- profile Toronto firm Henein Hutchison LLP — told court Monday that 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 various ly placed the film producer in Europe, in Connecticu­t or wearing a disguise in Phoenix.

Smith himself received a tip that 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 on Monday, adding that his client “does not trust that Mr. Weinstein will do the right thing.”

Smith has 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 — effect- ively 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, Wein- stein’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 actress 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 her agent, but Weinstein’s assistant insisted the woman 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 Co. 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.

 ?? RICHARD SHOTWELL / INVISION/ AP / CP FILES ?? The legal team for a Toronto actress has tried for to serve Harvey Weinstein with court papers for more than a week. Their client is seeking damages for an alleged sexual assault that occurred 17 years ago in Toronto.
RICHARD SHOTWELL / INVISION/ AP / CP FILES The legal team for a Toronto actress has tried for to serve Harvey Weinstein with court papers for more than a week. Their client is seeking damages for an alleged sexual assault that occurred 17 years ago in Toronto.

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