Suit against judge, husband challenged

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This article was published 16/09/2010 (5572 days ago), so information in it may no longer be current.

A $67-million lawsuit against a Manitoba judge and her lawyer husband should be thrown out of court, according to new court documents that allege complainant Alex Chapman has no legal basis to sue the couple over the sex scandal.

Jack King’s lawyer filed a motion in Court of Queen’s Bench on Wednesday requesting the lawsuit against King and his wife, Justice Lori Douglas, be dismissed, arguing Chapman already signed a legal agreement to settle the matter and it has been more than six years since the alleged impropriety occurred — which exceeds the legal time frame to launch a claim against someone.

Documents show Chapman signed off on a legal settlement on July 22, 2003. It stated he agreed to “release and forever discharge Jack King” and his partners from all claims against him. He also signed a letter declaring he deleted all emails and photos he ever received from King.

King’s lawyer Bill Gange, interviewed by the Free Press on Wednesday, said Canadian law does not permit anyone to “come back later” and try to sue over a matter that’s already been settled.

“He is saying… ‘I, Alex Chapman, am getting $25,000, and in exchange for that $25,000 I am giving up the right to sue you,’ ” Gange said.

“It’s a basic principle of Canadian law that if you settle a case you only get one chance, you don’t get to re-litigate.”

The motion is the latest in a legal saga that has centred around Chapman’s allegations of sexual impropriety against King and Douglas.

Chapman came forward at the end of August with allegations that King, his former lawyer, tried to coerce him into having sex with his wife while representing him in a divorce case in 2003. He said King also sent him numerous explicit nude photographs of Douglas, who was a lawyer at the time in the same firm of Thompson Dorfman Sweatman.

Douglas was appointed to the Court of Queen’s Bench family division in 2005 but temporarily stepped down from the bench pending the ongoing investigation.

Chapman has filed a $67-million lawsuit against Douglas, King and their former law firm. King has filed a countersuit against Chapman, alleging he has breached terms of a confidentiality agreement struck in 2003. The deal saw King pay Chapman $25,000. In exchange, Chapman agreed to return all photos of Douglas, not seek legal action and not speak publicly about the case.

Sean Sam, a close friend who spoke on behalf of Chapman on Wednesday night, said Chapman was unaware of his legal rights and what he was signing in 2003. Sam said Chapman was not “in the frame of mind” to agree to the terms of the settlement, considering he was going through a divorce, his father had a stroke, and his immigration status was in question.

“Alex was never present in any of the discussions (between lawyers for the two sides),” Sam said. “A piece of paper was put in front of him and he was told to sign it, so he signed it.”

Last week, Chapman told court he plans to bring a motion to have all members of the Court of Queen’s Bench disqualified from hearing any further proceedings on the grounds there will be a perception of bias against him. If successful, judges from another jurisdiction would have to be brought in to hear all cases related to the sex scandal.

Gange said he will appear in court Sept. 22 to ask a judge to schedule a hearing to decide whether or not to dismiss Chapman’s statement of claim. He said he expects the suit will be dismissed within a month’s time, noting the ordeal has traumatized King and his family.

“It’s devastating to him and his family,” said Gange. “He has a 13-year-old son.”

jen.skerritt@freepress.mb.ca