Latest twist in divorce battle focuses on Melanson’s lawyer
Husband hired man who has ‘made it part of his career to target me and my family,’ McCain says in seeking litigator’s removal from case
Heiress Eleanor McCain, in a bitter divorce battle over a $5-million payout to estranged husband Jeff Melanson, has asked for the removal of a lawyer she says has made a career out of targeting her family. McCain, the daughter of Wallace McCain, the late billionaire co-founder of McCain Foods, asked provincial courts this year to annul her brief marriage to Melanson. At the time, she alleged that the former Toronto Symphony Orchestra boss once considered Canada’s cultural “turnaround king” had “tricked” her into marriage for money and an escape route from sexual harassment allegations at the Banff Centre.
Melanson answered with his own filing with Ontario Superior Court, alleging that McCain was a woman with “severe rage and anger management issues” who cruelly mistreated one of his children.
None of the claims has been proven in court.
Melanson, 42, initially hired D. Smith of the Smith Family Law Group to represent him in the case before switching to Harold Niman, a well-known family litigator.
Niman has a long history with the McCain family, having represented the ex-wives of McCain’s brothers as well as McCain’s former husband, Greg David, in their respective divorces. He also represented Jennifer Snowdon in her divorce from Melanson.
In two affidavits, filed May 4 and June 10, McCain alleges Niman should be removed as Melanson’s representation because he’s had access to “highly sensitive personal and confidential information” about her.
“(Melanson) is well aware of my personal aversion for Mr. Niman, who has made it part of his career to target me and my family in matrimonial proceedings,” her filing reads.
“Mr. Melanson has deliberately switched counsel to Mr. Niman in order to take advantage of the confidences I shared with him.”
McCain’s motion will be heard by a judge on Sept. 19.
In an affidavit dated June 10, McCain provided a series of text messages intended to illustrate how Melanson knew “the reaction . . . he would provoke in me when he retained Mr. Niman.” Dated June 6, 2014, the texts swapped by the then couple had been prompted by the unwelcome news that Snowdon had hired Niman in her divorce from Melanson.
“Guess who is coming after me?” McCain wrote. “Nightmare to follow.”
“Didn’t want to bring a nightmare into your life,” Melanson replied. “I’m sorry, darling. Feel like a piece of s--- :(”
“I am just in shock,” she eventually wrote back. “Niman has such a hate on for our family.”
Responded Melanson: “It is sickening to see how these people target your family. Makes me sick.”
McCain’s affidavit alleges that before Melanson hired Niman, he had agreed to forgo the $5 million he was owed in the marriage contract, as well as spousal or child support and his share of the increase in value of their house. Details of that deal were being worked out when communication broke off, and Melanson eventually changed lawyers.
He’s now seeking the $5 million, his share of the increase in property value and legal costs. McCain has alleged Melanson would be “unjustly enriched” by that payout. Melanson responded in his affidavit by pointing to McCain’s financial statement from their marriage agreement, pegging her net worth at nearly $366 million.
In her affidavits, McCain, 47, cites Niman’s use in their past legal proceeding of a May 2005 report from psychiatrist Dr. Douglas Weir that concluded McCain had a personality disorder and recommended sole custody for her ex. McCain complained to the College of Physicians and Surgeons of Ontario, who later ruled Weir’s report was “objectionable and entirely suspect.”
McCain also raised the possibility of Snowdon being called as a witness, noting that Niman “cross-examining his own client” would lend an “inappropriate circus atmosphere to the proceeding.”
In a May 30 affidavit, Melanson replied that he hired Niman after reading McCain’s initial application for annulment, which “was clearly designed for public and press consumption.” Her motion to dismiss Niman, he alleged, was “merely tactical.”
In a separate affidavit, Niman said he was aware of “no basis” that would prevent him from representing Melanson.
Thus far, it’s been an uncommonly acrimonious split for the couple, whose whirlwind courtship began in December 2013. They were married in April 2014, joined in a public ceremony in November and, by January 2015, the relationship was over.
McCain has accused Melanson of hiding mental-health issues and “excessive” drinking habits, firing at least 11 employees at the Banff Centre without remorse, and maintaining an Ashley Madison account during his previous marriage.
Melanson hit back with claims that McCain took “mean-spirited and vindictive actions” toward one of his children, threw around money to boost her profile as a “self-funded amateur musician,” and bragged about her ability to “buy” the media.
The two sides have a case conference scheduled for Aug. 24.