Judge says Canadian’s lawsuit against Weinstein considered served

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

Just Posted

The interchange at Highway 2 and McKenzie Road at the south end of Gasoline Alley is being redesigned with two roundabouts. Construction is expected to begin this month and finish in October. (Graphic from Red Deer County)
Roudabouts coming to McKenzie Road overpass at Gasoline Alley

Project expected to improve traffic flow at busy intersections

A federal strategy to preserve threatened trout could conflict with provincial coal leases in the Eastern Slopes of the Rockies. (Contributed photo by Jeff Lund).
Federal regulations could save Alberta’s bull trout by shutting down mining plans, says biologist

Ottawa’s new strategy identifies a 30-metre protected area along rivers and streams

(Contributed image)
Wolf Creek Public Schools will not participate in curriculum pilot

Central Alberta school jurisdiction joins others across Alberta

Canada's Sarah Pavan and Melissa Humana-Paredes, fom left, celebrate after winning women's gold medal match against Brazil's team at the Beach Volley Worldtour Major Series, in Vienna, Austria on August 4, 2019. THE CANADIAN PRESS/AP, Ronald Zak
Canada’s world champion beach volleyball duo finally getting games before Tokyo

Canada’s world champion beach volleyball duo finally getting games before Tokyo

Toronto Raptors center Khem Birch (24) gets fouled by Atlanta Hawks guard Bogdan Bogdanovic (13) during the first half of an NBA basketball game Tuesday, April 13, 2021, in Tampa, Fla. (AP Photo/Chris O'Meara)
Bogdanovic, Capela lead Hawks past Raptors 107-103

Bogdanovic, Capela lead Hawks past Raptors 107-103

Toronto Blue Jays starting pitcher Hyun Jin Ryu throws to a New York Yankees batter during the first inning of a baseball game Tuesday, April 13, 2021, in Dunedin, Fla. (AP Photo/Mike Carlson)
Ryu sharp into 7th, Semien homers as Blue Jays top Yanks 7-3

Ryu sharp into 7th, Semien homers as Blue Jays top Yanks 7-3

Calgary Flames' Johnny Gaudreau (13) scores the game winning goal on Toronto Maple Leafs goaltender David Rittich (33) in overtime NHL action in Toronto on Tuesday, April 13, 2021.THE CANADIAN PRESS/Frank Gunn
Gaudreau scores in overtime, Flames beat Maple Leafs 3-2

Gaudreau scores in overtime, Flames beat Maple Leafs 3-2

Jim Bullock, Vicki Pappas and Randy Waples off to Canadian Horse Racing Hall of Fame

Jim Bullock, Vicki Pappas and Randy Waples off to Canadian Horse Racing Hall of Fame

Canada's Evelyne Viens celebrates scoring against Wales during the women's international friendly soccer match at Leckwith Stadium, Wales, Friday April 9, 2021. THE CANADIAN PRESS/Nick Potts/PA via AP
Canada capitalizes on England mistakes to win women’s soccer friendly 2-0

Canada capitalizes on England mistakes to win women’s soccer friendly 2-0

After weekend hiccup at men’s worlds, Grand Slams move into curling bubble

After weekend hiccup at men’s worlds, Grand Slams move into curling bubble

Erickson Gallardo of Canada's Toronto FC and his teammates celebrate after Andres Mosquera of Mexico's Leon scored an own goal during their Concacaf Champions League soccer match in Leon, Mexico, Wednesday, April 7, 2021. THE CANADIAN PRES/AP/Mario Armas
Toronto FC gets vaccine boost but injury list still an issue ahead of Leon rematch

Toronto FC gets vaccine boost but injury list still an issue ahead of Leon rematch

Most Read