Judge refuses to dismiss Weinstein assistant case

Toronto lawsuit claims two incidents of sexual assault were facilitated by worker

A Toronto judge was “not persuaded” to change or dismiss any parts of a lawsuit against Harvey Weinstein’s assistant.

In a ruling released Friday, Judge Patrick Monahan dismissed a motion filed by assistant Barbara Schneeweiss and her lawyer, which came in response to the lawsuit alleging that Schneeweiss facilitated two sexual assaults — including forcible oral sex — by Weinstein while working as his assistant in 2000. The alleged victim is identified in court proceedings as Jane Doe.

None of the allegations have been proven in court. Weinstein has previously denied allegations of nonconsensual sex through a representative.

Schneeweiss’ lawyer, Jonathan Rosenstein, argued in court on Monday that Doe hadn’t provided enough detail to respond to her claims; that parts of Doe’s claim were frivolous, vexatious and irrelevant; and that some of her claims should be barred under the 2002 Limitations Act.

“In my view, there is no ambiguity in the Claim,” Monahan wrote. “With respect to the demand for particulars, in my view Doe has pleaded sufficient material facts to permit Schneeweiss to know the case she needs to meet.”

“It is clear that the action commenced against Weinstein is a ‘proceedings based on sexual assault,’ ” Monahan wrote.

“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 sexual assaults on Doe.”

The motion was dismissed with costs.