Judge says Canadian’s lawsuit against Weinstein considered served

A lawsuit brought by a Ontario actress against Harvey Weinstein can be considered served even though lawyers have been unable to hand it to the disgraced Hollywood producer in person, an Ontario judge ruled Friday.

The actress, who cannot be named as she is seeking a publication ban on her identity, claims Weinstein sexually assaulted her while she had a part in a movie being filmed in and around Toronto nearly two decades ago.

None of the allegations have been proven in court and no statements of defence have been filed.

Earlier this month, the court gave the woman’s lawyers permission to file a statement of claim despite their failure to serve Weinstein, who they said they couldn’t find.

At that time, the court made an order for substitute service, meaning Weinstein could be served without having the papers put directly into his hands.

At a hearing on Friday, the woman’s lawyer, Alex Smith, said no one had yet been able to find Weinstein to serve him personally. But the statement of claim had been sent to Weinstein’s home, his criminal lawyer and a civil lawyer representing him in a separate lawsuit in Delaware, Smith said.

The judge presiding over the matter said the efforts of the woman’s lawyers were enough to consider Weinstein served.

Weinstein still has not responded to the actress’s lawsuit, in spite of the substitute service, Smith noted.

“While he hasn’t found time to respond to the litigation in this court, he has found the time to issue a statement about … his decision to resign from the Director’s Guild of America,” Smith said.

The matter is scheduled to return to court on Dec. 15, giving Weinstein another chance to send a lawyer to respond to the allegations he faces.

The actress is seeking millions of dollars in damages, claiming she has suffered mental distress, social anxiety and depression, social isolation and feelings of guilt, worthlessness and shame as a result of Weinstein’s alleged actions.

The woman’s lawyers will eventually be seeking to move ahead with the claim without using her name, arguing that identifying her would cause irreparable harm to her mental health and well-being. An affidavit filed in court said she may not continue with the case if she must use her name.

Weinstein, an Oscar-winning film producer, faces sexual harassment and sexual assault allegations from several women.

On Oct. 8, he was fired from the Weinstein Company — the film studio he co-founded with his brother, Bob, in 2005 — days after the New York Times published a story detailing some of the allegations against him. Weinstein’s representative Sallie Hofmeister has said Weinstein denies all allegations of non-consensual sex.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Comments are closed

Just Posted

Curbside concerts to start this month in some Red Deer neighbourhoods

Red Deer Arts Council is organizing at least eight outdoor shows

46 new COVID-19 cases reported Wednesday in Alberta

Province has completed more than 500,000 COVID-19 tests

Red Deer RCMP downtown detachment to reopen front counter service

Police say new health protection measures will be in place

Two suspects arrested in connection to Parkland Mall shooting

Two suspects connected to the June 30 shooting at Parkland Mall have… Continue reading

High unemployment, $343B deficit projected in Liberals’ fiscal snapshot

Slow economic growth forecast until at least the end of 2021

Grizzly bears in the dark as they try to share living space with humans: study

Grizzly bears in the dark as they try to share living space with humans: study

‘You haunt my dreams:’ Sex assault victim confronts ex-nightclub worker in court

‘You haunt my dreams:’ Sex assault victim confronts ex-nightclub worker in court

Alberta bill proposes major changes to union strike rules and funding

Alberta bill proposes major changes to union strike rules and funding

Alberta air force base to use goats, sheep to chew down unwanted vegetation

Alberta air force base to use goats, sheep to chew down unwanted vegetation

Calgary officer justified in fatal shooting of man having mental crisis: ASIRT

Calgary officer justified in fatal shooting of man having mental crisis: ASIRT

Gave up seat for Kenney to run: Premier defends hiring ex-MLA for trade office

Gave up seat for Kenney to run: Premier defends hiring ex-MLA for trade office

Southern Alberta hailstorm caused almost $1.2B in damage: insurance bureau

Southern Alberta hailstorm caused almost $1.2B in damage: insurance bureau

Kanye West breaks with Trump, claims 2020 run is not a stunt

Kanye West breaks with Trump, claims 2020 run is not a stunt

Most Read